Procedure for Adoption in India

Overview

Adoption in India is governed primarily by the Hindu Adoptions and Maintenance Act, 1956 (HAMA) for Hindus, and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) for others, including Muslims and Christians. The JJ Act provides a framework for both domestic and inter-country adoptions.

Adoption by Indian Parents

Under the JJ Act

1. Application Process:
2. Indian prospective adoptive parents (PAPs) must apply to a Specialized Adoption Agency (SAA) for adopting an orphan, abandoned, or surrendered child.

3. The application must follow the regulations set by the Central Adoption Resource Authority (CARA) Vineeta Kushwaha VS . - Madhya Pradesh (2018)JS vs Central Adoption Resource Authority - Delhi (2021).

4. Home Study Report:

5. The SAA conducts a Home Study Report (HSR) to assess the suitability of the PAPs.

6. If found eligible, the agency will refer a legally free child to the PAPs along with the child''s study and medical reports Vineeta Kushwaha VS . - Madhya Pradesh (2018).

7. Finalization:

8. PAPs reserve a child based on their preference and must visit the agency to finalize the adoption within a stipulated time Nitin VS Union Of India - Bombay (2021).

9. Court Procedure:

10. After acceptance of the child, the SAA files a petition in court, and the adoption order is issued Nitin VS Union Of India - Bombay (2021).

Adoption by Foreign Parents

Inter-Country Adoption

1. Application Process:

2. Foreign prospective adoptive parents must apply through an authorized foreign adoption agency or the Central Authority in their country of residence, following the Hague Adoption Convention guidelines LAKSHMIKANT PANDEY VS UNION OF INDIA - Supreme Court (2010)JS vs Central Adoption Resource Authority - Delhi (2021).

3. Documentation:

4. Applications must include a home study report, recent photographs, marriage certificates, health certificates, and a declaration of willingness to adopt according to their country''s laws Lakshmi Kant Pandey VS Union Of India - Supreme Court (1984).

5. Approval by CARA:

6. The application must be approved by CARA, which oversees inter-country adoptions to ensure the welfare of the child Richa Gupta VS Union Of India - Punjab and Haryana (2020).

7. Child Eligibility:

8. Only orphaned, abandoned, or surrendered children can be adopted by foreign nationals, unless the adoption is from a relative as defined by the JJ Act Richa Gupta VS Union Of India - Punjab and Haryana (2020).

Special Considerations

• Religious Context:

• HAMA applies only to Hindus, while Muslims and Christians must rely on the JJ Act for adoption, as their personal laws do not recognize adoption JS vs Central Adoption Resource Authority - Delhi (2021).

• Simplification of Procedures:

• The Indian judiciary has recognized the need to simplify the adoption process, especially for foreign parents, to reduce delays caused by document acceptance issues LAKSHMIKANT PANDEY VS UNION OF INDIA - Supreme Court (2010).

Conclusion

The adoption process in India is structured to ensure the welfare of children while accommodating the needs of both domestic and foreign adoptive parents. It is crucial for prospective adoptive parents to follow the prescribed legal procedures and guidelines set forth by the relevant authorities to facilitate a smooth adoption process.

Recommendations

• For Indian parents, engage with a Specialized Adoption Agency early in the process to understand the requirements and timelines.
• For foreign parents, ensure compliance with both Indian regulations and those of your home country, particularly regarding documentation and agency involvement.

References: - LAKSHMIKANT PANDEY VS UNION OF INDIA - Supreme Court (2010) - Vineeta Kushwaha VS . - Madhya Pradesh (2018) - JS vs Central Adoption Resource Authority - Delhi (2021) - Nitin VS Union Of India - Bombay (2021) - Lakshmi Kant Pandey VS Union Of India - Supreme Court (1984) - Richa Gupta VS Union Of India - Punjab and Haryana (2020)