Adoption of child
brs
(Querist) 09 April 2012
This query is : Resolved
i like to take a child as adoption from the poor family, they have already 7 child and the wife of my friend going to bless a child on 20 th of this month as per the doctor,s date. i decided to adopt the child in the same day or next day of delivery. what are the procedure need to follow for the same. is i need to be made adoption deed and if i then where i need to register the deed , need to get court permission. pls suggest and advise for the same. thanks in advance
I.S.Roy,Advocate
(Expert) 09 April 2012
Dear Sir,
Adoption is evidential process if you are Hindu by religion then only adoption is possible otherwise such child become only foster child. So, first you have to explain what is your religion
withy regards
ISRoy, Advocte
brs
(Querist) 09 April 2012
i am hindu sir
Sankaranarayanan
(Expert) 09 April 2012
yes you can do if you are belongs to hindu, that should be mutually accepted by the both parties , if you have already any male or female then opposite sex child will be the first priority , you have to make adoption deed and need to be registered in the sub reg office of the jurisdiction .
ajay sethi
(Expert) 09 April 2012
PAP(s) desiring to adopt a child shall register himself or herself with only one Specialised Adoption Agency, preferably nearest to place of residence and such agency shall guide the PAP(s) on the registration process.
(2) On receipt of the application for registration as per Schedule-IV along with necessary documents and requisite registration fee, Specialised Adoption Agency shall register the PAP(s) for adoption and issue them a registration slip.
(3) CARA shall also provide facility to the PAP(s) for on-line provisional registration through its website (www.adoptionindia.nic.in).
(4) In case, the PAP(s) wish to adopt from a Specialised Adoption Agency, other than the one where they have registered, but within the same state, the PAP(s) shall approach the ACA or SARA with their registration slip.
(5) The ACA or SARA shall contact the Special Adoption Agency from which the PAP(s) wish to adopt so that such PAP(s) are immediately included in the waiting list of PAP(s) of that Specialised Adoption Agency.
(6) In case the PAP(s) desire to adopt a child from any State other than the State where they are currently residing, they may approach the ACA or SARA of the State where they are residing, with their registration slip.
(7) The ACA or SARA shall convey the registration of such PAP(s) immediately to the ACA or SARA of the State from which the PAP(s) want to adopt the child so that such PAP(s) are immediately transferred to the waiting list of PAP(s) in that state.
19. Pre-Adoption Counselling and Preparation of the PAP(s). -
(1) In order to facilitate the PAPs to take appropriate decision, the concerned Specialised Adoption Agency shall provide pre-adoption counselling to them.
(2) Such agency shall also prepare the PAP(s) for the adoption and related process by providing them with all relevant information.
20. Home Study and other requirements. -
(1) The documents mentioned at Schedule-V shall be furnished by the PAPs to the concerned Specialised Adoption Agency to facilitate conduct of home study.
(2) Home Study of the PAP(s) shall be conducted within a maximum period of two months from the date of acceptance of registration only by the professional social worker authorized by the Specialised Adoption Agency nearest to their current place of residence.
(3) The Home Study Report shall be based on procedures as laid down at Schedule-VI.
(4) The Home Study Report of PAP(s) shall be valid for adoptions from any where in the country for a period of two years.
(5) The Medical Examination Report of the PAP(s) should not be more than one year old at the time of referral of the child.
21. Referral and Acceptance. -
(1) The Specialised Adoption Agency shall constitute an ‘Adoption Committee’ consisting its Secretary or Managing Trustee, a senior professional social worker, Visiting Medical Officer and one other functionary of the Agency for assignment of the child.
(2) The assignment of a child with PAP(s) shall be done by the ‘Adoption Committee’ only after the child has been declared legally free for adoption by the Child Welfare Committee and the PAP(s) have been found eligible by the Specialised Adoption Agency to adopt.
(3) The Specialised Adoption Agency shall make best efforts to assign a child as per required description given by the PAP(s), if any.
(4) After matching the child, the Specialised Adoption Agency shall advise PAP(s) to see the child physically before they give their acceptance.
(5) The PAP(s) shall be shown the matched child or children only at the premises of Specialised Adoption Agency and if the PAP(s), so desire, they may get the child medically examined by their own medical practitioner.
(6) The Child Study Report and Medical Examination Report of the matched child (or children in case of siblings) shall be forwarded by the Specialised Adoption Agency to the PAP(s) for acceptance and this may be called a “referral”.
(7) If the PAP(s) decide to adopt the proposed child, they shall give their formal acceptance for the adoption by signing on the Child Study Report and Medical Examination Report of the child within a period of ten days.
(8) In case the referred child is not acceptable to the PAP(s), a maximum of two other children shall be proposed to them at a given time.
(9) In case a matching does not take place, the PAPs shall be eligible for reconsideration only after a lapse of three months from the date on which the last child was shown to them.
(10) In case of placement of children of the age of seven years and above, written consent of the child for the proposed placement shall be obtained and in case the child can not read and write, verbal consent can be taken in the presence of the ‘Adoption Committee’ who shall record the same and take the signature or thumb impression of the child on the recorded statement.
(11) The date on which the consent of the child is obtained shall be clearly indicated in the Statement.
22. Pre-adoption foster care. -
(1) A child can be placed in pre-adoption foster care after acceptance of referral by the PAPs.
(2) The PAPs shall be required to sign a foster care affidavit and undertaking before the child is placed in their temporary custody.
(3) Before physically entrusting the child to the prospective adoptive parents, the adoption agency shall ensure that it has a record of local contacts of the PAPs including contact details of two close relatives.
(4) During the period of foster care, the PAPs, shall have the right to take the child to any place within the country after duly informing the Specialised Adoption Agency subject to the condition that the child must be brought for the legal process as and when required by the Court.
23. Legal Procedure. -
(1) The child can be legally placed for adoption with the PAP(s) by the competent court and for this purpose, the court having jurisdiction over the area where the Specialised Adoption Agency is located shall be the competent court.
(2) The Specialised Adoption Agency shall file a petition in the Competent Court of jurisdiction for obtaining the necessary adoption orders under the Act within ten days of acceptance of referral by PAPs and shall pursue the same regularly with the court so that the process of legal adoption is completed at the earliest.
(3) The adoption petition shall contain all requisite documents as per Schedule-VII.
(4) In accordance with the directions of the Honourable Supreme Court of India in the case of L.K.Pandey vs Union of India (WP No 1171 of 1982), the competent Court is required to dispose off the case within a maximum period of two months from the date of filing.
(5) For the best interest of the child, the competent court may, to the extent possible, dispose of the case in the first hearing itself.
(6) The Specialised Adoption Agency shall forward a copy of the court order and the adoption deed to the concerned SARA or ACA and the PAP(s).
24. Follow up visits and post-adoption services. -
(1) The Specialised Adoption Agency shall carry out half yearly follow-up visits of the child from the time the child has been placed in pre-adoption foster care till a period of two years after the legal adoption.
(2) The copies of the follow-up reports of the children shall be submitted by the Specialised Adoption Agency to SARA or ACA.
(3) In cases of disruption of adoption, the Specialised Adoption Agency shall make efforts for alternate rehabilitation of the child.
25. Timelines. -
All agencies and authorities involved in the adoption process shall adhere to the time limits stipulated for in-country adoption as provided in Schedule-VIII.
Sankaranarayanan
(Expert) 09 April 2012
Mr sethi I agreed your explanation but if the real parents are willing to give adoption to his friend and his wife then those are not required. If a person going to adopt a child from orphange home or agency then those all need to follow. I hope so
SAINATH DEVALLA
(Expert) 09 April 2012
Dear Querist,
An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years.
In the case of adoption of older children, the age of the parents may be relaxed accordingly. For example, for a one-year-old child, the age limit is 46 years, for a two-year-old child, it is 47 years and so on. The upper age limit for an adopted child is 12 years while for an adoptive parent it is 55 years. In the case of an adopted child with special needs, the age limit may be relaxed marginally by the state government, depending on the evaluation of the case. However, in all cases, the age of the parent cannot exceed 55 years.
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.
Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian. There is also a Juvenile Justice Act of 2000, a part of which deals with adoption of children by non-Hindu parents. However, this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.
An adoptive parent is allowed to ask for a child, as per her preferences. For example a parent may ask for a child of a certain age, gender (if it is the first child in the family), skin colour, religion, special features, health condition, etc. However, greater the specifications, more difficult it is to find a child who conforms to them. This restricts the pool of children available for adoption.
Depending on the adoptive parent's desired details, children are scrutinised to find a suitable match. When a child with the desired characteristics is found, she is shown to the prospective parents. In case the parents are unhappy with the selection, about two more children with the same characteristics may be presented to the parents.
The entire adoption process takes some months to complete. However, when all the hurdles are cleared, you are ready to welcome your new child to the family
Raj Kumar Makkad
(Expert) 10 April 2012
I observe that all aspects of the query have been discussed in length and nothing remains to be cleared to you now.
