Adoption laws in India have evolved over the years, and the process is now more streamlined and transparent. In this article, we will provide an overview of the laws and procedures in India.
Adoption Laws in India
There are two laws in India that regulate the process. These are:
The Hindu Adoption and Maintenance Act, 1956 (HAMA)
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
HAMA applies to Hindus, Jains, Sikhs, and Buddhists. The JJ Act is applicable to all children in need of care and protection, including orphans and abandoned children, irrespective of their religion.
Adoption Procedures in India
The process in India is governed by the Central Adoption Resource Authority (CARA). CARA is a statutory body under the Ministry of Women and Child Development, Government of India. CARA is responsible for the regulation of the process and the maintenance of a national database of children available for adoption.
The following are the steps involved in the adoption process in India:
Step 1: Registration with CARA
The first step in the process is to register with CARA. Prospective adoptive parents (PAPs) can register online on the CARA website. The registration process involves submitting personal details, including name, age, marital status, and income. PAPs also need to submit documents such as ID proof, income proof, and proof of residence.
Step 2: Home Study Report
After registration, PAPs need to undergo a Home Study Report (HSR). A social worker from an adoption agency authorized by CARA conducts the HSR. The purpose of the HSR is to assess the suitability of PAPs for adoption. The social worker will visit the PAPs' home and interview them to understand their motivation, their parenting skills, and their financial and social background.
Step 3: Referral of Child
Once the HSR is complete, PAPs will be given a referral of a child by CARA. The referral includes the child's medical and social history. PAPs can either accept or reject the referral.
Step 4: Acceptance of Referral
If PAPs accept the referral, they need to give their acceptance in writing to CARA. After receiving the acceptance, CARA will issue a No Objection Certificate (NOC) to the agency in the state where the child is residing.
Step 5: Court Proceedings
After receiving the NOC, the agency will file a petition in the court for the adoption of the child. The court will examine the petition and may ask for additional information. Once the court is satisfied that the adoption is in the best interest of the child, it will grant an order.
Step 6: Follow-up
After the order is granted, the agency will conduct a follow-up with the PAPs to ensure that the child is settling well in the new family. The follow-up period varies from state to state, but it usually lasts for two years.
How a Lawyer can help in adoption?
Adopting a child can be a long and complicated process, and one that involves navigating a complex legal system. For prospective parents, working with a lawyer who specializes in child adoption can help make the process smoother and more efficient.
A lawyer who focuses on child adoption has expertise in the legal aspects of the process, including the various requirements and regulations that must be met. They can provide guidance and advice to prospective parents at every stage of the process, from the initial decision to adopt to finalizing the process in court.
One of the key roles of a lawyer in child adoption is to ensure that all legal requirements are met. This includes conducting background checks on prospective parents, ensuring that all necessary documents are filed with the court, and helping to facilitate communication between birth parents and adoptive parents.
Additionally, a lawyer can help to navigate any legal challenges that may arise during the process. For example, if birth parents contest the adoption, a lawyer can represent the interests of the adoptive parents and help to resolve the issue in court.
Working with a lawyer can also provide peace of mind for prospective parents. By having a legal expert on their side, they can be confident that their adoption is being handled correctly and that they are not missing any important steps along the way.
When choosing a lawyer for child adoption, it's important to look for someone who has experience in this specific area of law. They should be knowledgeable about the various types, including domestic, international, and foster care, and have a track record of success in representing clients in these cases.
Additionally, it's important to find a lawyer who is responsive and communicative. Adopting a child can be an emotional and stressful process, and having a lawyer who is available to answer questions and provide support can make a big difference.
Conclusion
Adoption is a legal process of taking on the parental responsibility of a child, who is not biologically related to the adoptive parent(s). Adoption laws in India have evolved over the years, and the process is now more streamlined and transparent. It is always recommended to consult a famous Law Firm for latest updates on process in India. The adoption process in India is governed by the Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women and Child Development, Government of India.
