SIMPLIFIED: ADOPTION LAW AND PROCEDURE IN INDIA

INTRODUCTION

India is witnessing a wave of dynamic changes in the field of a Single Parent Adoption, with the increasing rate of adoption by single men and women. In the earlier times adoption agencies felt unsafe to allow adoption for unmarried men and women, but later it has been seen that adopted children brought up by the single parent are equally well brought up as by a couple which leads to the rise in adoption by single parents.

According to Juvenile Justice Act, 2000 “Adoption refers to a process in which a child is permanently separated from their biological parents and becomes the legitimate child of the adopted family the adopted child will further enjoy all the rights and responsibilities attached with the adopting parents”.

ADOPTION LAWS IN INDIA

Various laws were made regarding the process of adoption by single parents.

For Hindus

If a Hindu man or a woman wishes to adopt a child (Hindu here refers to a person who belongs to Sikh, Jains and Buddhist) must comply with the conditions prescribed under Hindu Adoption and Maintenance Act, 1956.

• If any Hindu man wants to adopt a child, He must be of sound mind, major (above 18 years of age and is eligible for adopting a son or daughter. If at the time of adoption the person has a living spouse then, it is necessary to have the consent of his wife to adopt a child except in the case when the court has declared the consent of his wife incompetent. A single Hindu man cannot adopt a girl child.
• In case of adoption by Hindu women, she can adopt either a son or a daughter in case where she is unmarried, or her husband is not alive, or her marriage has been dissolved, or the court has declared the consent of her husband incompetent.

For Muslims

Muslim law does not recognise full adoption. But according to Section 8 of Guardianship and Wards act, 1890, a Muslim is allowed to take up the guardianship of a child, the guardianship is to protect the child’s biological family line and allows the people to differentiate among Guardian and biological parents. It is not necessary for a person to adopt a child according to the religion based laws, a person can also adopt a child as per the provisions of Juvenile Justice (care and protection of children) Act, 2000.

For Christians and Parsis

There is no personal law relating to adoption among Christian and Parsis in India. if someone wants to adopt a child then he has to obtain the legal permission of the court under the Guardians and wards Act, 1890. According to the act, the parents are permitted to take care of the child. Also, the child is free to break all the connections after attaining majority and separate their ways. The Juvenile Justice Act is the secular law which has the power to replace all the personal laws.

ADOPTION LAWS FOR SINGLE  PARENTS IN INDIA

Single Parents faced many problems while adopting a child but after the increase in the rate of adoption by single parent various laws were framed regarding the adoption which aims in encouraging the society to accept one parent families the increase in the demand of single parenting is due to having unsuccessful relationship, couples dissolve their marriage all the Singles who think it is not necessary to get married to enjoy the joy of parenting.

• The Ministry of women and child development in India issued CARA (Central Adoption and Resource Agency) guidelines which allow a single woman to adopt a son or a daughter but according to Juvenile justice Act, a single man is not permitted to adopt a female child.
• The minimum age for a single male or female for adoption in India is brought from 30 years to 25 years.
• The single parent can adopt a child below the age of 4 years until they attain the age of 45 years, the single parent whose age lies between  45 to 50 years can adopt a child between the age of 5 to 8 years, while those whose age lies between 51 to 55 years can adopt a child between the age of 9 to 18 years. After attaining the age of 55 years, adoption is not allowed.

PROCEDURE FOR ADOPTION

1. An application for registration is submitted at www.cara.nic.in by following the procedure prescribed on the website, then select an adoption agency.
2. Documents should be uploaded within 30 days of registration and you will get a registration number.
3. The Adoption agency will make a home study report which will consist of preferences of the adoptive parent and submit it on CARINGS.
4. The parent was shown photographs of the child with their medical reports which limit up to six children.
5. After the acceptance of the report, the adoption agency will arrange a meeting between chosen child and adopting parent.
6. If the match is suitable for the adopting parents then in the presence of a witness they need to sign the child study report.
7. The State Adoptive Agency (SSA), file a petition in a court for the issuance of the adoption order.

CONCLUSION

Even after the increase in the rate of single parenting in India, many parents are still facing various hurdles from their parents, relatives or the society as a whole they believe that the love and care which a child receives from two-Parent can’t able to get from a single parent.

However, a single parent needs to have a proper support system which can provide them with the necessary help during crisis. Which includes Medical Health, job-related travel, after school care, issues issue like finance etc.  Because sometimes it became tough to handle Job and their child for single parents Also it has been seen that some adopting Agencies prohibit single parents from adopting. I believe that such restrictions are not needed because adoption is a noble deed.

(The author, Amisha Jain is a 3rd year B.B.A LL.B(HONS) student at Teerthanker Mahaveer University, Moradabad)

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www.wcd.nic.in

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