Adoption Laws in India
Adoption in India is primarily governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Hindu Adoption and Maintenance Act, 1956 (HAMA). The JJ Act provides a secular framework for adoption by any Indian citizen regardless of religion, while HAMA applies specifically to Hindus. Understanding the legal framework is essential for prospective parents.
Who Can Adopt a Child?
Under the JJ Act, any Indian citizen, NRI, or foreign national can adopt. The eligibility criteria: the prospective adoptive parents must be physically, mentally, and emotionally stable; financially capable; and motivated to adopt. The minimum age difference between the child and adoptive parents should be 25 years. A couple must have been married for at least two years. Single women can adopt children of any gender, while single men can only adopt boys.
The Adoption Process Under JJ Act
Step 1: Register with the Child Adoption Resource Information and Guidance System (CARINGS) portal.
Step 2: Submit required documents including identity proof, address proof, income proof, medical certificates, and marriage certificate.
Step 3: Home Study Report (HSR) is prepared by the Specialised Adoption Agency (SAA) within 30 days of registration.
Step 4: Referral of a child is made from the CARINGS portal based on the preferences of the prospective parents.
Step 5: The child is shown to the prospective parents. They have 48 hours to accept or decline.
Step 6: If accepted, pre-adoption foster care begins for at least one month to assess compatibility.
Step 7: The adoption petition is filed before the District Court or Family Court.
Step 8: The court passes the adoption order, which is final and irrevocable.
Adoption Under HAMA
HAMA applies to Hindus, Buddhists, Jains, and Sikhs. Under HAMA, a male Hindu can adopt if he has the consent of his wife. A female Hindu can adopt if she is unmarried, divorced, or widowed. The adopted child is treated as a biological child for all purposes, including inheritance. The adoption deed must be registered. The ceremony of giving and taking (datta homam) is essential.
Differences Between JJ Act and HAMA Adoption
JJ Act adoption is secular and available to all; HAMA is only for Hindus. JJ Act requires court approval; HAMA can be done through a registered deed. JJ Act has a formal matching process through CARINGS; HAMA allows direct adoption from relatives or orphanages. JJ Act adoption is irrevocable; HAMA adoption is permanent once validly made.
Rights of Adopted Children
An adopted child has the same rights as a biological child, including: right to inherit the adoptive parents' property, right to maintenance, right to education and care, and right to the adoptive family name. The child cannot be disinherited. The adoption order severs all legal ties with biological parents (except for marriage prohibitions).
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