procedures for legal adoption of children in india– a study

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PROCEDURES FOR LEGAL ADOPTION OF CHILDREN IN INDIA– A STUDY

BY N.PRASSANVADANA



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Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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INTRODUCTION

• THE LAWS GOVERNING ADOPTION• Adoption is a legal process by which a child is placed with a

married couple or a single female who agree to raise him as their own and assume all responsibilities for him. Adoption is the creation of a new, permanent relationship between an adoptive parent and child and the child takes the place of a biological child to all intents and purpose.

• Adoption of a child in India is governed by the following acts:• THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 which deals

with adoption by individuals belonging to Hindu, Sikhs, Jains, Buddists.

• Guardian and Wards Act, 1890, which deals with adoption by Foreign Citizens, Indian Nationals, NRI who are Muslims, Christians or Jews.

• Juvenile Justice Act , 2000 which deals in part with adoption of children by non- Hindu parents.



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QUICK REVIEW OF LEGAL ADOPTION

• WHO CAN ADOPT? - Single woman (unmarried, widow, divorcee) or married couple.– An Indian– non-Resident Indian– Foreign citizen

• WHO CAN GIVE CHILD IN ADOPTION? - Parents / Guardian of child– both parents together– one of them if the other has renounced world or ceased to be

Hindu or has become insane.– If both parents are dead or not competent in law or child’s

parentage unknown then guardian can give child in adoption with permission of court.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

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Cntd…

• ELIGIBILITY OF THE ADOPTIVE PARENT– Must be over 21 years– Financial ability to raise the child– Adopted child not to be as same sex as adoptive parent’s living

child– Cannot adopt more than one child of same sex.



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– PROCESS OF ADOPTION

• REGISTRAION Registration to be done with a recognized adoption coordinating agency and preparation of the documents to be submitted with the agency to get registered.

• HOME STUDY AND COUNSELING Home Study at the parent/s residence to assess the couple’s parenting abilities, preparations, on the issue of Adoption. This is made into a report and is submitted to the honorable court.

• REFERRAL OF THE CHILD The agency will disclose medical file, Physical Examination Report and such information of the child. On the parent/s acceptance of the same, the agency will show the child physically. The prospective parent have option to accept child or ask for another child.

• FILING OF PETITION Documentations made by the parent/s to the agency and the child’s documents are sent for preparation of the petition. Once the petition is ready the parent/s will be called at the court and sign the same in presence of the court officer.



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Cntd…

• HEARING The parent/s should attend the court hearing in camera along with the child. If satisfied judicial officer will pass the order and mention the amount to be invested in the child’s name.

• COURT ORDER Once the amount is invested and the receipt is shown to the Judge the order will be issued. If under HAMA then a Deed of Adoption is prepared and the same needs to be registered with the local registrar’s office. This is not required in adoptions done under Guardian and Wards Act of 1890 & Juvenile Justice Act of 2000 Acts.

• FOLLOW UP After the adoption the agency needs to submit follow up reports to the court about the child’s welfare up to 2 years or more.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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- QUICK REVIEW OF LEGAL ADOPTION - EFFECTS

• As per HAMA, 1956, the adopted child ceases to be part of his birth family, instead he assumes all the rights of natural child of adoptive parents. Adoption once made cannot be renounced.

• GUARDIAN AND WARDS ACT, 1890 allows Foreign Citizens, Indian Nationals, NRI who are Muslims, Christians or Jews to adopt a child; in case of NRI and foreign national adoption has to be in conformity with the laws of land where they reside. Under the act , adoptive parent is considered as the guardian of the child till the age of 18 years only and the child does not succeed to the rights of a natural legal heir as to property.



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Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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Cntd…

•L. K. Pandey vs. Union of India - The Supreme Court of India has laid down certain guidelines for foreign adoption in an attempt to safeguard the interests of the children. Applications made under the Guardians and Wards Act, 1890 has to be disposed of within 2 months. Requirement for personal presence of the foreign national.

•JUVENILE JUSTICE ACT OF 2000 deals with Children who have been abandoned or abused and not those children who have been voluntarily put up for adoption.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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ADOPTION BY FOREIGN NATIONALS

• GUIDELINES FOR ADOPTION FROM INDIA – 2006• The objective of the Guidelines is to provide a sound basis

for inter-country adoption within the framework of the norms and principles laid down by the Supreme Court of India in the series of Judgments delivered in L.K. Pandey vs. Union of India and Others 1984 and 1991.

• India has signed the Hague Convention on Inter-country Adoption-1993 on 2003 and ratified the same with a view to protect Indian Children placed in Inter-country adoption. For the purpose of implementation, Central Adoption Resource Authority is functioning as the Central Authority.



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Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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-CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)

CENTRAL ADOPTION RESOURCE AUTHORITY - Ministry of Women and Child Development

• CARA maintains a list of all Enlisted Foreign Adoption Agencies EFAA who can forward applications of foreign prospective adoptive parents including NRIs) to it for approval.

• CARA recognizes/accredits Indian Placement Agencies for Inter-country Adoption (RIPA).

• CARA works closely with Adoption Coordinating Agencies (ACAs), Adoption Scrutiny Agencies (ASAs) to promote in-country and inter country adoptions.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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EMAIL

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WEBSITE

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PROCEDURE FOR INTER-COUNTRY ADOPTION

• The Supreme Court of India has laid down that every application from a foreigner/NRI/PIO (as applicable) desiring to adopt a child must be sponsored by a social or child welfare agency recognized or licensed by the Government or a Department of the Foreign Govt. to sponsor such cases in the country in which the foreigner is resident.

• The foreign agency should also be an agency ‘authorized’ by CARA, Ministry of Social Justice & Empowerment, Govt. of India.

• No application by a foreigner/NRI/PIO for taking a child in adoption should be entertained directly by any social or child welfare agency in India.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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CRITERIA FOR FOREIGN PROSPECTIVE ADOPTIVE PARENT/S (FPAP):

• Married couple with 5 years of a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the Home Study Report.

• Prospective adoptive parents having composite age of 90 years or less can adopt infants and young children. These provisions may be suitably relaxed in exceptional cases, such as older children and children with special needs, for reasons clearly stated in the Home Study Report. However, in no case should the age of any one of the prospective adoptive parents exceed 55 years.

• Single persons (never married, widowed, divorced) up to 45 years can also adopt.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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Cntd…

• Age difference of the single adoptive parent and child should be 21 years or more.

• · A FPAP in no case should be less than 30 years and more than 55 years.

• · A second adoption from India will be considered only when the legal adoption of the first child is completed.

• · Same sex couples are not eligible to adopt.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

PROCEDURES IN ALL CASES OF INTER-COUNTRY ADOPTION

• Step I) To register with Enlisted Foreign Adoption Agency (EFAA)

• Step II) Role of Recognised Indian Placement Agency (RIPA)• Step III) Child being declared free for inter-country adoption

- Clearance by ACA• Step IV) Matching of the Child Study Report with Home

Study Report of FPAP by RIPA• Step V) Issue of No Objection Certificate (NOC) by CARA• step VI) Filing of Petition in the Court • Step VII) Passport and Visa• Step VIII) Child travels to adoptive country



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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CRITERIA FOR ELIGIBLE CHILDREN

• The child must be legally free for adoption.• Clearance from ACA/State Government is mandatory for all

children except wherever exempted under the Guidelines.• Siblings/twins/triplets cannot be separated except in

exceptional cases.• Two unrelated children cannot be proposed to a foreign

family at a time.• A child may as far as possible be placed in adoption before

it reaches the age of 12.• The consent of the child has to be obtained wherever

applicable.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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WHERE THERE IS NO ENLISTED FOREIGN ADOPTION AGENCY (EFAA)

• In the case of an Indian National residing in a country where there is no Enlisted Agency, CARA may allow an organisation or individual recommended by the Indian Embassy to do the Home Study Report (HSR), and other documentation.

• Wherever there is no FAA enlisted by CARA in any country, the concerned Government Department/Ministry /authorized body of that country may forward the original application and related documents of the prospective adoptive parents to CARA through the Indian Embassy/High Commission.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

www.altacit.com

FOREIGN NATIONALS LIVING IN INDIA

• In case of foreigners who have been living in India for one year or more, the HSR and other connected documents may be prepared by the RIPA which is processing the application of such foreigners for the guardianship of the child.

• An undertaking should be given by the concerned Embassy/High Commission that the child will be legally adopted in that country and also mention an agency/orgn. who would send the progress reports and take care of the child in case of any disruption as and when the child is taken abroad.

• However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due course.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

RIGHTS OF THE CHILD TAKEN ABROAD

• When the Court makes an order appointing adoptive parents as the guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving State not later than two years from the date of the order.

• On such adoption in the receiving State, subject to the Laws of the country the child would have all rights recognized under International Law.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CONCLUSION

The above was but a brief glimpse of the basic procedures of adoption in India as well as inter-country adoption of Indian children.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU

THANK YOU

procedures for legal adoption of children in india– a study

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