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Rajaramana RV (Employee)     20 June 2014

Adopting a child

Dear Members,

We are a couple in our 40s and would like to adopt a child. What is the maximum age barrier for a couple to adopt a child. 

Thanks in advance for your answer.



Learning

 2 Replies

Adv k . mahesh (advocate)     20 June 2014

first they will see what is your financial status and your age first consult CARA center in your place 

POINTS:

in-country

 Criteria for Prospective Adoptive Parents:

  1. Marital Status, Age and Financial Status with reasonable income to support the child and clear police record should be evident in the Home Study Report.
  2. Prospective adoptive parents having composite age of 90 years and less and where neither parent has crossed 45 years can be considered for adoption of Indian children. These provisions may be suitably relaxed in exceptional cases for reasons clearly stated in the Home Study Report. However, in no case should the age of the prospective adoptive parent(s) exceed 55 years.
  3. In case of Special Needs children with medical problems, the age limit of adoptive parent(s) may be relaxed by concerned State Government.
  4. Single persons who have not crossed the age of 45 years and who fulfill the other criteria can also adopt.
  5. The prospective parent(s) should have a regular source of income with a minimum average monthly income of at least Rs.3000/- per month. However, lower income will be considered taking into account other assets and support system i.e. own house etc.
  6. All the criteria mentioned above for adoptive parents will also apply to single parents with the additional requirements given below:- 

    1. Age: Age of the adoptive single parent should be above 30 years and below 45 years. 
    2. Age Difference: The age difference between the adoptive single parent and adoptive child should be 21 years. 
    3. Family: The single parent should have additional family support system 

inter- country adoption 

 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.
  • 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 s*x couples are not eligible to adopt.

Sudhir Kumar, Advocate (Advocate)     15 October 2014

The child should be below age of 15 years and of same religion, not adopted earlier. The adoption should be offered by competent guardian.


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