SYNOPSIS

Adoption in India is one of the most controversial topics. Therefore, it is important that one follows the proper guidelines put forward by the Hindu Law.

The purpose of this article is to highlight the following things:

• Procedure for adoption in India
• Stakeholders in the adoption process
• Types of adoption and the documents required
• Dos and Don'ts of Adoption

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INTRODUCTION

Adoption is a legal combination between the party willing for adoption and a child. India as one of the ancient countries in the Asian continent has gone through major changes in the field of adoption.India has shown liberal changes in adopting male child for performing last rites after the death of theadopted parents.

Later in 1950's India focused on finding home for abandoned, deprived, illegitimate andsurrendered children. These children were eventually placed for domestic and inter-country adoption.Thedomestic adoption in India gained its strength in late 1980's. Adoption as a concept has differentdimensions in various legal systems and it is serving a very important social purpose in the society.

Today,Institution of adoption is prevalent in one form of the other in almost all the legal systems of the worldbarring a few countries. But there are national variations in adoption laws and procedure. In India, there isno general law of adoption. In India, Adoption has been recognized for centuries, but being a part ofpersonal Laws, there is no uniformity among the different communities.

The reasons for adoption may varyfrom one person to another person. Adopted son is like a natural born son in new family. He acquires all therights and status in this new family and his ties with the old family come to an end.Adoption as a construction of a family has drawn worldwide research since the past three decades.

India as one of the ancient countries in the Asian continent has gone through major changes in the field of adoption. From an informally adopting male child for performing last rites after the death of the adopted parents, India has shown progressive changes.

During the social reform in the 1950's, India focused on finding home for abandoned, destitute, illegitimate and surrendered children. These children were institutionalized and eventually placed for domestic and inter-country adoption. The domestic adoption in India gained its momentum only in late 1980's. Since then, important changes have happened in the field of adoption.

PRINCIPLES THAT GOVERN ADOPTION IN INDIA

It is important to note that in India, there is only one personal law governing adoption. This is the Hindu Adoption and Maintenance Act, 1956. There are various religions in India but there is no particularadoption law governing the adoption of all religions. Till now in India there is only onepersonal law governing adoption that is Hindu Adoption and Maintenance Act, 1956. In Indiathe religions like Muslims, Christians, Jews and Parsis do not have their own Personal lawgoverning adoption because of which they cannot adopt a child and give him/her his familyname. They can only become the guardian of the child under Guardians and Wards Act,1890. Hindus, Sikhs, Buddhists and Jains follow Hindu Adoption and Maintenance Act, 1956.The Government of India have taken steps to make a uniform law for adoption but there wasa failure.

Children from India are subject to the following fundamental principles that govern adoption:

• CHILD'S INTEREST: The interest of the child must be of paramount consideration while initiating the process of adoption.

• INDIAN CITIZENS: Special preference shall be accorder for the placement of the child with Indian citizens so for the principle for child's placement in his innate socio-cultural environment.

• REGISTRATION: All adoption shall be registered on Guidance System and Child Adoption Resource Information and the confidentiality of the procedure shall be ensured by the name authority.

STAKEHOLDERS IN THE ADOPTION PROCESS

• STATE ADOPTION RESOURCE AGENCY (SARA): The State Adoption Resource Agency serves as an umpire in the state to promote and oversee adoption in conjunction with CARA.

• CHILD ADOPTION RESOURCE AUTHORITY (CARA): The purpose of CARA is to ensure the smoothness in the child adoption process by slating guidelines, procedures and processes to be adopted by different stakeholders in the adoption process.

• SPECIALISED ADOPTION AGENCY: This agency sis recognised by the government of the states to see the successful placement of adopted children.

• AUTHORISED FOREIGN ADOPTION AGENCY (AFAA): This agency works in coordination with the Central Adoption Resource Authority for coordinating all issues relating to the adoption of an Indian child by a citizen of another country.

• DISTRICT CHILD PROTECTON UNIT: The District Child Protection Unit (DCPU) is a unit established by the state government to identify orphans, surrendered and abandoned children in the states an initiate the process of declaring them legally qualified for adoption.

DOCUMENTS REQUIRED FOR ADOPTION

Here is the list of the documents that are generally required all over India when one is adopting a child.

• Proof of identity(voter card/pan card/passport/driving license).

• Proof of address indicating residence in India exceeding 365 days.

• Marriage Certificate.

• Family Photograph.

• Health certificate by a registered medical practitioner certifying that the PAPs are not suffering from any contagious or terminal disease or any such mental or physical condition which may prevent them from taking care of the child.

• Three recent postcard sized photographs of the adoptive family or the person adopting the child.

• Two letters of recommendation from persons who know the family well. Such recommendations should not be from immediate relatives of either spouse.

• If the PAPs are self-employed, IT statement for the last three years and if they are employed, Income Certificate from the employer also indicating the date of superannuation.

• Financial statement including copies of bank statement for the last six months, details of movable and immovable property owned by the family and details of loans taken by the PAPs.

• Written consent of the biological and/or adopted child/children and if they are above 7 years of age.

• Adoption decree, if the couple have adopted child/children earlier.

• Divorce/legal separation decree in case of single PAP if applicable.

• Letter from close relative of single PAP stating that in the event of any unforeseen circumstance, the relative would take care of the child.

PROCEDURE TO BE FOLLOWED FOR ADOPTION

The first step is to take in India for adoption is to register on CARINGS (www.cara.nic.in), then select an Adoption Agency. After password and user ID has been generated, documents should be uploaded within 30 days of registration and get a registration number.

From the date of submission pf required documents, the adoption agency to finalise the application process within 15 days. The prospective patent is reserved for one child out of six children and if he fails to appear for documentation within the stipulated days, the prospective parent name will appear in the seniority list.

Once the child is accepted by the prospective parent, the State Adoptive (SSA) files a petition in court for the issuance of an adoption order. This end after two years of post-adoption follow-ups by the SSA.

ELIGIBILITY CRITERIA FOR PROSPECTIVE ADOPTIVE PARENTS

Following are the ‘qualifications' of the adoptive parents. Only when you can pass this stage, you can proceed to adopt.

• No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

• The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life-threatening medical condition.

• Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-

o the consent of both the spouses for the adoption shall be required, in case of a married couple;
o a single female can adopt a child of any gender;
o a single male shall not be eligible to adopt a girl child;

• Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

• The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:-

• In case of couple, the composite age of the prospective adoptive parents shall be counted.

• The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.

• The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.

• A single male can only adopt only a male child while a single female can adopt a child of any gender.

TYPES OF ADOPTIONS

Here are the following types of adoptions.

• ADOPTION THROUGH AN AGENCY: Adoption agencies are established by the state government to regulate and place children in adoptive parent's homes. There are two types of adoption agencies namely the private and public agencies. The public agencies handle abandoned, abused and orphaned children of the states while the private agencies are operated by charity organisations and take care of children put up for adoption by parents.

• ADOPTING INDEPENDENTLY: One of the other types of adoption involves a direct arrangement between birth mother (and sometimes the birth father) and adoptive parents, sometimes using a go-between such as a doctor or member of the clergy. Because of the delicate nature of independent adoption, it's probably a good idea for the adoptive parents to hire an attorney to handle the paperwork. Not all states allow independent adoptions, and many states regulate them extensively, so check your state's laws before exploring this option.One variety of independent adoption is often referred to as "open adoption," where the biological parents maintain some form of limited contact even after adoption, though all parental rights stay with the adoptive parents.

• ADOPTION THROUGH IDENTIFICATION: Identified adoptions are a combination of independent and agency adoptions. Usually, the adoptive parents find a mother wanting to put a child up for adoption, and then both sets of parents ask an adoption agency to control the rest of the process. This process often includes a home study, questions, interviews, and careful analysis.The advantage over a straight agency adoption is there is no "waitlist" for the adoptive parents. Prospective parents can also have greater control over choosing the child they adopt and still benefit from the counselling and professional services afforded by an agency.

• ADOPTING INTERNATIONALLY: Adopting internationally is the most complicated of all the different types of adoption. To adopt a child who is a citizen of a foreign country, you must satisfy both the laws of the state you live in as well as the laws of the host country. Parents must also obtain an immigrant visa for the child through the U.S. Citizenship and Immigration Services (USCIS). If approved, the child will be granted U.S. citizenship automatically upon entering the U.S.

DOS AND DON'TS TO KEEP IN MIND

CONCLUSION

Adoption is something that requires a lot of patience. Adoption in terms of living in society may be the most prosperous way. The chance for a child finding afamily is something to have the courage to hope for.Adoption agencies are now functioning as organizedsectors closely monitored by the state and central government. Domestic adoption has gained its motiononce the government of India got involved in monitoring and regulating inter-country adoption laws Thepsychological effects of adoption are challenging in every aspect, but dealing with social workers andcounselling will help families build upon their future. Overall number of children being abandoned or surrendered has decreased due to ban on abortion of a child which is managed by the family planning ofIndia and the improvement of the Indian economy.