Adoption

In India, adoption procedures are governed by various laws, including the Hindu Adoption and Maintenance Act, 1956, as well as the Juvenile Justice (Care and Protection of Children) Act, 2015, which applies to non-Hindus. Here are the different types of adoption procedures in India:

Adoption under the Hindu Adoption and Maintenance Act, 1956 (HAMA):

Under HAMA, adoption involves the surrender of a child by the biological parents or guardians and the acceptance of that child by the adoptive parents. The child must be legally relinquished, and the adoptive parents must take the child as their own, intending to give them the status of a natural-born child.

Eligibility and Criteria:

• The adoptive father must be at least 21 years older than the child, and the adoptive mother must be at least 18 years older than the child.
• Both spouses should be Hindus.
• They should not already have a Hindu son, grandson, or great-grandson.
• They should be of sound mind.

Adoption Process:

Once the adoption ceremony takes place, it is crucial to formalize the adoption deed by registering it with the local Sub Registrar’s office having jurisdiction over the area. This registration is an important step to ensure the legality of the adoption.

During the registration process, the following parties must be present:

• The biological parents (or guardians) of the child, who are surrendering their parental rights.
• The adoptive parents, who are accepting the child into their family.
• At least two witnesses who can vouch for the adoption ceremony.

The adoption deed must include details such as:

• The full names and addresses of the biological parents and the adoptive parents.
• The name and details of the child being adopted.
• A declaration stating that the biological parents are voluntarily surrendering their parental rights.
• A statement affirming the intent of the adoptive parents to raise the child as their own.

After the necessary formalities are completed, the Sub Registrar will register the adoption deed as per their procedure. This registration serves as a legal document confirming the adoption. This certificate is essential for all future legal matters related to the child’s identity and rights.

It is advisable to keep multiple copies of the registered adoption deed, as it may be required for various purposes, such as school admissions, applying for government documents, and other legal processes.

Post-Adoption Rights:

The adopted child has the same rights of inheritance as a biological child and severs all legal ties with the biological family. The child cannot marry any person whom they could not have married if they had remained in their biological family.

Adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015:

The JJ Act applies to all children, irrespective of religion, and allows for both domestic and inter-country adoption. It primarily focuses on ensuring the best interests of the child.

Key Steps:

• All adoption agencies and prospective adoptive parents must be registered with the Central Adoption Resource Authority (CARA).
• Prospective adoptive parents undergo a home study assessment to determine their suitability for adoption.
• Matching and placement of children with prospective adoptive parents is done by CARA and authorized adoption agencies.
• An adoption petition is filed in the court, and court approval is required.
• Post-adoption follow-up visits and reports ensure the child's well-being and adjustment in their new home.

Adoption under Other Personal Laws:

For individuals from non-Hindu communities, adoption may be governed by their respective personal laws, such as the Muslim Personal Law, the Christian Adoption and Maintenance Act, and the Parsi Adoption Act. These laws have their own procedures and eligibility criteria for adoption.

It's essential to consult with a legal expert or adoption agency to understand the specific adoption procedures and legal requirements applicable to your situation, as the laws and regulations may vary based on various factors.

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