Who Can Adopt a Child in India?

Adoption is a significant and life-altering decision that impacts the lives of both the adoptive parents and the adopted child. In India, the process of adoption is governed by various laws, primarily the Hindu Adoption and Maintenance Act, 1956 (HAMA) for Hindus, and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) for non-Hindus. This article aims to elucidate who can adopt a child in India, the legal framework governing adoption, and the procedural aspects involved.

Legal Framework Governing Adoption in India

In India, adoption laws vary based on the religion of the parties involved. The primary legislations include:

• Hindu Adoption and Maintenance Act, 1956 (HAMA): This act applies to Hindus, Buddhists, Jains, and Sikhs.
• Juvenile Justice (Care and Protection of Children) Act, 2015: This act applies to all Indian citizens, regardless of their religion, and governs the adoption of children who are orphaned, abandoned, or surrendered.
• Christian Adoption: Christians can adopt under the Guardians and Wards Act, 1890, which allows for guardianship rather than formal adoption.
• Muslim Adoption: Under Muslim personal law, adoption as recognized in other religions does not exist, but Muslims can become guardians under the Guardians and Wards Act, 1890.

Eligibility Criteria for Adoption under HAMA

Under the Hindu Adoption and Maintenance Act, the following criteria must be met by prospective adoptive parents:

• Age: The adoptive parent must be at least 21 years old. If the adoptive parent is a male, he must be at least 21 years older than the child to be adopted. If the adoptive parent is a female, she must be at least 21 years older than the child.
• Marital Status: A married couple can adopt a child together. A single individual can adopt, but a married person cannot adopt without the consent of their spouse.
• Sex of the Child: A male can adopt a male child, and a female can adopt a female child. However, a female can adopt a male child if she is unmarried or if the husband has died.
• Consent: If the child being adopted has living parents, their consent is necessary, unless the child is abandoned or orphaned.

Eligibility Criteria for Adoption under the JJ Act

The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a more inclusive framework for adoption applicable to all Indian citizens. The following criteria are set forth:

• Age: The adoptive parents must be at least 25 years old, with a minimum age difference of 21 years between the child and the adoptive parent.
• Marital Status: Both married couples and single individuals can adopt. However, single males are not allowed to adopt female children.
• Eligibility of Couples: A couple married for at least two years is preferred. If either spouse has a child, the adoption of a child of the same gender is encouraged.
• Financial Stability: Prospective adoptive parents must demonstrate financial stability and the ability to provide for the child.

Process of Adoption in India

The process of adoption varies depending on the applicable law. Below is a general overview of the adoption process under both HAMA and the JJ Act.

1. Adoption under HAMA

• Application: The prospective adoptive parents need to file an application in the appropriate court for the adoption of a child.
• Consent: Obtain consent from the biological parents or legal guardians of the child.
• Home Study: A home study may be conducted to assess the suitability of the adoptive parents.
• Final Order: Upon satisfaction of all criteria, the court will issue an adoption order, which will be registered.

2. Adoption under the JJ Act

• Registration: Prospective adoptive parents must register with a recognized adoption agency.
• Home Study: A detailed home study will be conducted by the agency to assess the suitability of the parents.
• Matching: The agency will match the child with the adoptive parents based on compatibility and preference.
• Legal Procedure: A petition for adoption will be filed in the court, and upon approval, the adoption order will be issued.

Inter-Country Adoption

Inter-country adoption is governed by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which India ratified in 2003. The Central Adoption Resource Authority (CARA) regulates inter-country adoptions in India. The eligibility criteria and procedures are similar to domestic adoption, with additional requirements for international families.

Important Considerations

Adoption is a profound commitment, and prospective parents should keep the following considerations in mind:

• Emotional Preparedness: Adoption requires emotional maturity and readiness to provide a nurturing environment for the child.
• Cultural Sensitivity: Understanding the child’s cultural background and being sensitive to their needs is crucial.
• Legal Responsibilities: Adoptive parents should be aware of their legal obligations towards the child, including their right to inheritance and maintenance.

FAQs

1. Can a single man adopt a child in India?

Yes, a single man can adopt a child in India, but he can only adopt a male child. Single men are not allowed to adopt female children under the JJ Act.

2. Is there an age limit for adopting a child in India?

While there is no upper age limit, the minimum age for adoptive parents is 25 years under the JJ Act. Under HAMA, the minimum age is 21 years, with additional conditions regarding the age difference between the parent and child.

3. Can a married couple adopt a child together?

Yes, a married couple can adopt a child together. However, if one spouse is adopting a child, the other spouse's consent is required.

4. What are the requirements for adopting a child under the JJ Act?

Requirements include being at least 25 years old, having a minimum age difference of 21 years from the child, demonstrating financial stability, and being assessed as suitable by an adoption agency.

5. Can a child be adopted without the consent of the biological parents?

If the biological parents are alive and have legal custody, their consent is necessary. However, if the child is abandoned or orphaned, consent may not be required.

6. What is the role of CARA in adoption?

The Central Adoption Resource Authority (CARA) regulates and facilitates adoption processes in India, ensuring that both domestic and inter-country adoptions occur in compliance with legal standards.

7. Can Christians adopt a child in India?

Yes, Christians can adopt under the Guardians and Wards Act, 1890, which allows for guardianship rather than formal adoption.

8. How long does the adoption process take in India?

The duration of the adoption process can vary significantly based on the circumstances but typically ranges from six months to a year or more, depending on the legal and procedural requirements.

9. What is the difference between adoption and guardianship?

Adoption is a legal process that establishes a permanent parent-child relationship, while guardianship is a temporary arrangement where a guardian is appointed to care for a child without transferring parental rights.

10. What happens if the biological parents want the child back after adoption?

Once an adoption order is issued, it is legally binding, and the biological parents cannot reclaim the child. Adoption establishes a new legal relationship that supersedes previous ties.

Conclusion

Adoption is a noble act that provides a loving home to children in need. Understanding the legal framework and eligibility criteria is crucial for prospective adoptive parents. Whether under HAMA or the JJ Act, the process is designed to ensure that the best interests of the child are prioritized. By adhering to the legal requirements and being emotionally prepared, individuals and couples can embark on this rewarding journey of parenthood through adoption.