• Child adoption by Christian parents

We are Christian couples and married for more than 13years and do not have a child yet. We are deciding to adaopt a child, could you please help us with the legal procedures for the adoption.

As per my understanding the adoption deed and its registration would be enough. Please let us know if anything else to be taken care here as we are Christians.

Thanks.
Asked 8 years ago in Civil Law

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11 Answers

Hello,

There are new guidelines of CARA and you will have to do adoption as per the same. Yes adoption deed is to be made and is to be registered and also the adoption is to be registered on the CARA website.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Available at

http://cara.nic.in/PDF/Regulation_english.pdf

You may also call them to enquire about the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir...

No need to worry for you question you can call CARA authority they will give ans of your all question and might tell what would be better for you ...[deleted]...This is helpline number you can call them during working hours...Your all quarries will be solved there ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Since adoption is legal affiliation of a child, it forms the subject matter of personal law.

2) Christians have no adoption laws and had to approach court under the Guardians and Wards Act, 1890 to being appointed as guardian of child

3) the Juvenile Justice (Care and Protection of Children) Act (JJA) of 2000, allows Christians and other religious minorities to adopt,

4) Sec.41 of J.J. Act, 2000 read with Rule 33(1) of Central Rules expresses the following aspects of adoption:

The primary aim of adoption is to provide a child who can’t be cared for by his biological parents with a permanent substitute family. The family of a child has the primary responsibility to provide him care and protection. Orphan, abandoned or surrendered children can be adopted for their rehabilitation through such mechanism as may be prescribed. Such children may be given in adoption by a Court in keeping with the provisions of several guidelines regarding adoption issued by the State Govt./Central Adoption Resource Authority and notified by the Central Govt. But the Court should be satisfied with the investigation having carried out which are required for giving such children in adoption.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to follow the below mentioned conditions to adopt a child-

1. No child can be adopted by a couple unless adopting parents have at least two years of stable marital relationship. Now, since you are married for more than 13 years so you are eligible for adoption.

2. Couples in live-in relationships are not eligible to adopt a child.

3. To adopt a child in the age group of 0-3 years, the maximum composite age of the parents should be 90 years, while the individual age of the either of the parent should not be less than 25 years and more than 50 years.

4. To adopt children above three years of age, the maximum composite age of the parents is 105 years, while the individual age should not be less than 25 years and more than 55 years.

5. In case a single parent desires to adopt, he or she should not be of age less than 30 years and above 50 years. The maximum age shall be 45 years to adopt children in the age group of 0-3 years, and 50 years for adopting children above three years.

6. The parents should have adequate financial resources to provide a good upbringing for the child.

7. The parents should have good health and should not be suffering from any contagious or terminal disease or any such mental or physical condition.

8. Any orphan, abandoned or surrendered child can be adopted following due procedure laid down in the adoption Guidelines if such child is declared legally free for adoption by the Child Welfare Committee (CWC).

9. Children undergo all health check-ups before the adoption process. Parents can also have the children checked by their doctor prior to adoption. There is a different category of adoption for children with special needs. Emphasis is laid on the extra needs of the child. Parents opting for kids from this category are made aware of the needs. They can adopt only if they are sure they can manage the needs.

10. Ensure that a child adopted is through an agency recognised by the Central Adoption Resource Authority. A child has to be legally free and a court order is necessary to complete the adoption process.It is not as simple as shown in old movies, where the hero takes up the responsibility of rearing an abandoned child just like that! The government has put in strict measures in place to ensure safety and stability for the child.

If you want to adopt a child in Bangalore, this is where you have to go:

Adoption Coordinating Agency,

IYC Community Centre, 1st Cross,

2nd Block, RT Nagar,

Bangalore 560032

Ph: 65346724, 23435548

Also refer to the CARA website.

Guidelines are laid down on the eligibility for adoption, the bottom line is simple. An individual who is financially and medically fit, with a strong family support system, can adopt a child. Information on who can adopt and the procedure for adoption is laid down fairly clearly in the guidelines of the Central Adoption Resource Authority (CARA). The Dos and Don’ts are also listed.

The CARA website lists all the adoption agencies in India and the list of adoption agencies in Bangalore. CARA is an organisation that ensures all documentation is done and that all adoption agencies are legitimate. There were a lot of adoption centres that have been closed or had their licence withdrawn for not following prescribed procedures and norms. The agency will give the prescribed form and the list of documents that need to be submitted.

Once the decision has been made by the family, the first step would be to find an adoption agency to work with, preferably nearest to their place of residence. The Prospective Adoptive Parents (PAPs) also need to register—this is to ensure that PAPs are seeking adoption only through one agency.

In case the PAPs wish to adopt a child from a different state, they need to approach the State Adoption Resource Agency (SARA) of their state of residence. The SARA would then contact the SARA of the state that the PAPs wish to adopt from, and will transfer their name to that state’s waiting list.

Listed below are the documents that are typically required:

1. Application form

2. Self-Assessment form: To be filled separately for Husband / Wife.

3. Income Certificate for both parents if applicable: It should indicate the length of service and position held (original). A salary certificate (original) along with attested copies of income tax returns for last two years. For self-employed persons, attested copies of income tax returns for last two years along with audited statement of accounts (original) need to be submitted and a copy of professional/business license may also be required.

4. The CARA website indicates that PAPs should have a regular source of income, with a minimum average monthly income of at least Rs.3,000/- per month. However, lower income will be considered taking into account other assets and support system i.e. own house etc

5. Investment Certificates: LIC policies, NSC, property documents, house tax receipt, or any other investments (attested copies).

6. Health Report: Separate for husband, wife and children if any. Detailed report of any major surgery or illness occurred. HIV test reports (latest) in original for both husband and wife.

In specific cases where a PAP is suffering from terminal illness, the decision to allow adoption rests with the judge, after weighing matters like ability to take care of the child, inevitable instability for the child and the support system of the family.

7. Statement on Adoption (original): The statement jointly written by the couple on their decision on adoption. A childless couple should also indicate the reasons for childlessness and treatment taken.Couples adopting children out of choice need to submit why they chose to adopt. This document needs to be signed by parents.

8. Reference letters (original): From three friends who know both the husband and wife for about 5 years or more. He/she should mention the full names of the couple and how he/she knows both. If there is any child living with the family, the same should also be mentioned. They have to describe the couple’s personality and why they are recommended as an adoptive couple.

9. Marriage Certificate: Attested copy OR wedding invitation card.

10. Proof of date of birth: Attested copy of School Leaving Certificate, Birth Certificate or Passport stating birth dates of both of you and child (if applicable).

10. Educational Degree/Certificates (last qualification) attested copies.

11. Undertaking letter: Prospective adoptive parents who are younger than 40 years of age need to submit an undertaking letter. The undertaking should preferably be given by a relative and a couple. The same needs to be signed by both persons on Rs 100 stamp paper and should be notarised. The following points need to be covered:

12. The undertaking persons need to give basic information i.e. their names, ages, address, occupation, education, income, their family members (husband/wife/children etc.) and how they are related to the adoptive parents.

13. If there is any unforeseen event- accident, death, illness, disability in the family, then the undertaking persons would take the responsibility as guardians of the birth child (if applicable) and the to-be-adopted child. If necessary, representatives from the agency may meet the undertaking persons at any mutually convenient time.

14. Police Clearance Certificate: For husband and wife (original)

15. Child Care Plans: Applicants need to jointly write on how they plan to take leave, the period and if both parents are working further plans of child care arrangements. Even if one parent is in the home the same should be stated.

16. Photographs: One photograph of your home. Joint coloured photograph of husband, wife and child if any. (4 post card size copies each).

17. Registration Fee as prescribed by the agency.

You can follow the below mentioned process after application and supporting documents are submitted-

1. The applicant’s name goes on the waiting list.

2. The documents will be scrutinised, applicants will be informed if any more documents or clarifications are required.

3. This stage is the preliminary acceptance of the case for adoption.

4. Home Visit and the Adoption Study (consists of informal interviews with prospective adoptive parents, by a professional social worker to get to know the adoptive parents and also clarify doubts applicants may have) reports will also be done by the agency concerned prior to approving a family for adoption.

5. In some cases, the applicants are required to attend a Parent Preparation Workshop

6. In most cases, there is a waiting period. In some cases, a couple of years depending on the waitlist and the fact that a child has to come up for adoption in that agency, and that due diligence and legal aspects need to be in place, before the child can be adopted. The parents are intimated when a child has come up for adoption.

7. On acceptance of a child, an application for granting permission for adoption is filed in the Court and the child is placed under foster care with the adoptive parents for three to six months, for the purpose of adjustment. A contract is signed by the prospective adoptive parent for giving the agency regular reports and taking good care of the child. During this period a post placement visit/report is done. The agency will observe the adjustment and if proved satisfactory from the parents and child’s point of view, they finalise the adoption through the Court.

8. Paperwork necessary for the court is usually filed through a lawyer.

9. On the date given by the court, the child and both parents have to have a discussion with the judge. In most cases the judge needs to be sure the parents can financially support the child and may suggest a recurring deposit in the child’s name till he/ she is 18.

10. Next is the most awaited part of the court order and the birth certificate that has the names of the adoptive parents.

11. In most cases, parents will still have to send progress reports once in three months, for a stipulated time, to the courts, to the adoption agency and the Indian Council for Social Welfare.

12. Once a child is adopted all legal processes that follow are the same as with a biological child for all issues such as religion of the child, inheritance laws etc.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Frequently Asked Questions (FAQ’s)

A. Juvenile Justice (Care and Protection of Children) Act, 2015

1. What is Adoption?

Adoption means the process through which the adopted child is permanently separated from his

biological parents and becomes the lawful child of the adoptive parents with all the rights, privileges

and responsibilities that are attached to a biological child.

(As per Section 2(2) of the JJ (C&PC) Act, 2015)

The Juvenile Justice (Care and Protection) Act 2015 read with Adoption Regulation,2017 has

recognized five kinds of adoption namely,

i. an abandoned, surrendered, destitute child/ren adopted by unrelated person/s living within the

country

ii. an abandoned, surrendered, destitute child/ren adopted by unrelated person/s living outside the

country

iii. a related child by relatives living within the country

iv. a related child by relatives living outside the country

v. adoption of a child by step parents within the country

2. Who can be adopted?

A child can be adopted if s/he is:

i. An orphan, abandoned or surrendered (OAS) child who has been declared legally free for adoption by

the Child Welfare Committee (CWC)

(As per the provisions of the JJ (C&PC) Act 2015 and the corresponding rules)

ii. A child of a relative (a relative means the child's paternal uncle or aunt, a maternal uncle or aunt or

paternal and maternal grandparents)

iii. A child or children of spouse from earlier marriage surrendered by the biological parent(s) for adoption

by the step-parent.

(Section 38 and 56 of the JJ (C&PC) Act, 2015 and Regulation 4 of Adoption Regulations)

3. Who can adopt?

General

i. Prospective adoptive parents (PAP):- who are physically, mentally and emotionally stable, financially

capable and who do not have any life threatening medical conditions are eligible to adopt.

ii. The minimum age difference between the child and PAP/s shall not be less than twenty-five years

Married:

i. Married couples with at least 2 years of stable marital relationship

ii. Both spouses must consent for adoption in case of a married couple

iii. The composite age of the married couple does not exceed 110 years

Single

i. Single persons with or without biological or adoptive children can adopt provided they satisfy the

following:

(a) A single female can adopt a child of any gender

(b) A single male is not eligible to adopt a girl child

(c) Age of a single parent does not exceed 55 years.

(d) Must have less than four children unless they are adopting a child with special needs, a hardto-place

child, a relative’s child or a step-child.

The age of the child that could be placed with PAPs differs based on the age of the PAPs on the date of

registration as given in the following table:

Age of the child Maximum composite age of the

prospective adoptive parents

Maximum age of single

prospective adoptive parent

0-18 years 90 years 45 years

4 to 18 years 100 years 50 years

8 to 18 years 110 years 55 years

Note: Section 57 of the JJ Act(C&PC) Act, 2015 and Regulation 5 of Adoption Regulations, 2017

B. General Queries by Prospective Adoptive Parents for Adopting a Child

in India

4. What is the process of adopting a child in India?

Steps for In-Country Adoptions

5. I have found a baby on the road-side; can I adopt that child?

i. No, you cannot adopt the child directly.

ii. If you find any abandoned child in the need of care and protection, you can contact any of the following

(a) CHILDLINE (Toll Free Number-1098)

(b) Local Police

(c) Any Specialized Adoption Agency (SAA)

(d) Child Welfare Committee (CWC)

(e) District Child Protection Unit (DCPU).

Note: Failure to do so may attract penal provisions, of 6 months imprisonment or a fine of Rs 10,000 or

both as per Sections 32, 33, 34 of JJ (C&PC) Act, 2015.

6. Is the adoption process centralized in India? If yes, what are the advantages of having a centralized

system?

The database of children and registration of parents are done on centralized CARINGS software

maintained and managed by CARA. The central monitoring system for adoption is useful in

maintaining the transparency and accountability of all stakeholders involved in the care and

rehabilitation of children; monitoring the availability of children; keeping a track for expeditious

processes and coordinating with all concerned in promoting non-institutional care of children, in their

best interest.

7. Why is my seniority fluctuating on CARINGS?

Seniority of Prospective Adoptive Parents are affected due to several reasons likei.

In case HSR of PAPs registered before you gets uploaded /updated later or

ii. The PAPs registered before you, change their State/age of the child preference.

8. We, as PAPs, have planned, decided and accepted to adopt a child. In case, our parents do not

support our adoption, do we not have full freedom to go ahead with adoption?

While support from your parents and siblings is not a legal requirement, it is highly desirable that the

child is accepted by all your immediate relatives for the social and emotional well-being.

9. Can we get the details like caste, date and time of birth of the adopted child?

No, details like caste, date & time of birth etc. are generally not available for orphaned or/abandoned

children who are placed for adoption.

10. Can I get a child matching to my complexion and features?

No, matching is not done on the basis of complexion and features. Once the seniority of the PAP’s gets

due, referrals will be shown on the basis of preferred age, gender, state opted by the PAP’s at the time of

registration.

11. I am a Christian man married to a Buddhist woman. How can we adopt a child?

Yes, PAPs from any religion are eligible to adopt a child under Juvenile Justice Act(C&PC), 2015.

12. Is there a minimum income level for a parent(s) to be eligible to adopt a child?

i. The Adoption Regulations 2017 does not specify minimum income levels in the eligibility criteria for

prospective adoptive parents.

ii. However, while conducting the home study the social worker will assess the capability and motivation

of the prospective adoptive family to provide reasonable living standards to the child.

13. Is it compulsory for adoptive parents to transfer property to the adoptive child?

i. As per the definition of Adoption, an adopted child is the lawful child of the adoptive parents with the

same rights, privileges and responsibilities as that of a biological child.

ii. As the adoption order is issued by the Court, the adoptive parents become parents of the child.

iii. The inheritance laws as applicable to the biological child will apply to the adopted child.

14. I am a single male. I am 40 years old and want to adopt a girl child. Am I eligible to adopt?

Yes, single parents can adopt. A single male can adopt a boy but not a girl (Regulation 5(2) of Adoption

Regulations 2017).

15. Are there any age restrictions for parents to be eligible for adoption?

There are age restrictions for a single parent as well as for couples. Refer regulation 5(4) for Adoption

Regulations 2017 for details.

16. Can a person of any religion or caste adopt?

Yes, there are no restrictions based on caste or religion under the JJ (C&PC) Act 2015.

17. Are differently-abled couples eligible to adopt a child?

Yes, differently-abled couples are eligible to adopt. Depending on the nature and extent of disability,

while preparing the home study report the social worker would assess whether the prospective adoptive

family has the support required for parenting a child.

18. We would like to adopt a relative's child. Can we do it?

Yes, if you are the child's paternal uncle or aunt, a maternal uncle or aunt, or a paternal grandparent

or maternal grandparent then you may adopt as per Sections 51 and 53 of the Adoption Regulations

2017.

19. I want to adopt a newborn child. Can I adopt?

No, newborn child cannot be adopted. Adoption of every child requires them to be declared legally free

for adoption through Child Welfare Committee under Juvenile Justice (Care and Protection) Act,2015.

The process usually takes at least two months to complete. Therefore, no new born child can be placed

in adoption prior to completion of the process.

20. I would like to adopt the child of my spouse from earlier marriage. Can I do it?

Yes, Child or children of spouse from earlier marriage, surrendered by the biological parent(s), can be

adopted by the step-parent.

In case the custody of the child is under litigation, the adoption process shall be initiated only after the

finalization of the case by the court concerned. Refer Regulation 52 of the Adoption Regulations 2017.

21. Can parents with biological children adopt? If yes, how many children can they adopt?

Yes, families with biological children can adopt. Couples with three or more children shall not be

considered for adoption except in case of adoption of special needs children, adoption by a relative or

adoption by a step-parent.

22. Can biological parents come back for their child?

No, once the adoption order has been granted, the biological parents have no legal ties with the child.

23. How much do we have to pay for adoption expenses?

As specified in the Adoption Regulations 2017, The SAA will charge

i. Fee for the Home Study Report i.e Rs.6000/-.

ii. Child care corpus fees i.e. Rs.40,000/- .

iii. For each post-adoption follow-up visit Rs.2000/- will be charged (Total 4 visits-half yearly, in 2 years).

24. What is the role of Central Adoption Resource Authority (CARA)?

CARA is the Central Authority of India mandated to promote & facilitate domestic adoptions, regulate

Inter-Country adoptions and frame Adoption Regulations as per Section 68 of the JJ Act(C&PC), 2015.

25. How do I register in CARINGS?

To register in (CARINGS) the prospective adoptive parents (PAP’s) will have to fill up an online

registration form and upload the relevant documents. Please refer to

http://carings.nic.in/Parents/Instructions-For-Online-Parent-Registration-for-Adoption.html

26. What are the documents to be submitted for adoption?

The list of documents to be uploaded is given in Schedule VI of the Adoption Regulations 2017. You are

requested to upload the following documents within a period of 30 days.

http://carings.nic.in/Parents/Instructions-For-Online-Parent-Registration-for-Adoption.html

27. I am unable to upload the documents in CARINGS. What could be the reasons?

i. The size of the document may be exceeding the size specified in CARINGS, please try reducing the size

of the document and upload again.

ii. In case of queries, email to [deleted] OR call on our Toll free - [deleted]

You can also reach us at [deleted]

28. We have completed the online registration and my Home Study Report has also been conducted.

How long do we have to wait before we bring a child home?

The waiting time varies widely on the availability of a child matching your criteria. The wait time will be

less if you reserve a child from the Immediate Placement or Special Needs category.

29. What is the role of a Specialized Adoption Agency (SAA) in adoption process?

i. Role of SAA is to provide care and protection to every child in its institution.

ii. To facilitate the process of adoption for the children in its institution as well as in the Child Care

Institutions linked to the SAA.

30. Will the Court ask us / the court has asked us to create a fixed deposit in the name of the child?

No, the adoptive parents shall not be asked to make any bond or investments in the name of the child

as per Section 12(7) of Adoption Regulations 2017.

31. Do we have to inform the child that s/he is an adopted child?

i. It is suggested that parents introduce the word "adoption" as early as possible so that it becomes a

comfortable part of the child's vocabulary.

ii. It is advisable that you as parents be the first to inform your child that s/he is adopted but determine

how and when.

32. If the child comes to know that s/he is an adopted child, will the child be affected?

i. How well the child copes with this information depends on how it is shared with the child and who

shares the information.

ii. Hence it is important that this information is disclosed early to the child in an age appropriate way by

the adoptive parents.

iii. 'Telling' is also not a one-time activity, it is a process and the fact of adoption will come up several

times, at different stages and life events.

33. Do we have to inform the school that the child is an adopted child?

It is not a legal requirement to inform the school that the child is an adopted child.

34. Do we have to disclose the information about adoption, when the child gets married?

It is advisable that this information be disclosed.

35. Can the adoptive child know about his/her roots?

Yes, the adoptive child may seek information about his/her roots.

i. As per Regulation (44) of Adoption Regulations 2017, information may be enquired from the SAA or

CWC of the district from where the child was adopted.

ii. However not every child expresses the need to meet their biological parents.

36. If our adopted child shows challenging behavior, how do we cope?

If Adoptive parents may face challenging behavior in adoptive children, then

i. It is important that you do not isolate your family during these difficult times.

ii. You must reach out to friends, family, other adoptive families and also seek professional help if

required.

iii. You can contact the SAA that did your Home Study or the local DCPU for referrals of good counselors.

37. If there are adjustment problems and behavioral issues with the child, can we return the child to

the SAA?

i. In such a situation, you may seek help of professional counseling or contact your SAA/ DCPU.

ii. The SAA/ DCPU shall first arrange counseling for adoptive parents and adoptees or link them to the

counseling center set up at the Authority or State Agency.

iii. If these counseling sessions do not solve the problem and if it is in the best interest of the child to

terminate the adoption then follow the procedures in Regulation 13(6) or 13(7) for in-country adoption.

iv. Termination of adoption will depend on whether the adoption is still in pre-adoption foster care stage or

whether final adoption order has been given by the Court.

38. After we get the final adoption order, do we have to inform the SAA about the adopted child’s

development and progress?

Yes, The Social Worker of the SAA will visit you to prepare follow up reports after the adoption order is

finalized on a six monthly basis for two years from the date of pre-adoption foster care agreement.

39. My friend has adopted a child directly from hospital. Is it legal?

No, the adoption directly from hospital is an illegal adoption and not permitted under law. There are

penal provisions of imprisonment and fine specified under Section 80 of the Juvenile Justice Act 2015.

C. General Queries by NRI/OCI Foreign Prospective Adoptive Parents on

Adopting a Child from India

40. What are the steps for Inter-Country adoption?

Steps for Inter-Country Adoptions

41.We are Indians residing in Dubai. How can we adopt?

As a non-resident Indian residing in Dubai (non-Hague country), you may approach the Authorized

Foreign Adoption Agency (enlisted by CARA As per details available on CARA’s website). The AFAA

shall help you in the registration and adoption process.

(As per Regulation 15 of Adoption Regulations, 2017)

42. I have an Indian passport while my wife has a US passport. Am I eligible to adopt an Indian

child?

Yes, you can. Please refer to the chapter IV of Adoption Regulations, 2017 available on CARA’s

website. The Home Study Report will be conducted in the place where you have residing for more

than one year. (Place of habitual residence)

43. How long does it take to adopt a child from India?

Schedule XIV of the Adoption Regulations 2017 has specified the timelines for processes relating to

the Adoption. Actual waiting depends upon several factors like choice of gender, age or medical

condition of the child, preference of the state etc. However, presently there are more parents in

the waiting, but fewer children available for adoption. Therefore, it is difficult to ascertain

the time period.

44.I am in a live-in relationship residing in Finland and we want to adopt a female child from India.

Please provide information for same.

As per the existing Laws, Rules and Regulations in India, you are not eligible to adopt.

45.We live in Singapore and there is no recognized agency working with India. What should we do to

adopt a child from India?

You need to get in touch with the Indian Diplomatic Mission who shall help you with the

registration on CARINGS, Home Study Report and uploading of all required documents for the

adoption process.

46.I was adopted from India 23 years ago. I want to know about my biological parents. Pl guide me

regarding the process.

The Regulation 44 of the Adoption Regulations, 2017, has mandated the Adoptees to seek

information regarding their birth parents. You may refer to the same for further information.

47.We have been living in Canada for last 20 years and have no child. We wish to adopt my sister’s

daughter who is living in Punjab. What is the process I need to follow?

You may refer to regulation 53 of the Adoption Regulations 2017; you can adopt a child from your

relative. An outline of the process is given below-

Steps for Inter-Country Relative Adoption

48. I am an Italian citizen and my process of adoption is pending in Indian court. Would I require a

court order for adoption again in Italy?

No, as per Article 23 of the Hague Convention read with regulation 18 of the Adoption Regulation

2017, the conformity certificate issued by CARA after the court order from Indian Court would

suffice.

Glossary

JJ (C&PC) Act, 2015- Juvenile Justice (Care and Protection of Children) Act 2015

CARA- Central Adoption Resource Authority

SAA- Specialized Adoption Agency

CWC- Child Welfare Committee

AFAA-Authorized Foreign Adoption Agency

IDM- Indian Diplomatic Mission

CA- Central Authority under Hague Convention

PAPs- Prospective Adoptive Parents

CARINGS- Child Adoption Resource Information and Guidance System

DCPU-District Child Protection Unit

HSR- Home Study Report

NOC-No Objection Certificate

*********

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Christians have no adoption laws of their own and have to approach the competent court under the Guardians and Wards Act, 1890. They can take a child under the said Act only under foster care. Once a child under foster care becomes major, he is free to break away all his connections. Besides, such a child does not have legal right of inheritance.

2. This however does not provide to the child the same status as a child born biologically to the family. Unlike a child adopted under the Hindu Adoption and Maintenance Act, 1956, the child taken under foster care cannot become their own, take their name or inherit their properly by right. This Act confers only a guardian-ward relationship. This legal guardian-ward relationship exists until the child completes 21 years of age.

3. You can adopt under CARA guidelines. No child can be adopted by a couple unless adopting parents have at least two years of stable marital relationship. Now, since you are married for more than 13 years so you are eligible for adoption.

4. Couples in live-in relationships are not eligible to adopt a child.

5. To adopt a child in the age group of 0-3 years, the maximum composite age of the parents should be 90 years, while the individual age of the either of the parent should not be less than 25 years and more than 50 years.

6. To adopt children above three years of age, the maximum composite age of the parents is 105 years, while the individual age should not be less than 25 years and more than 55 years.

7. In case a single parent desires to adopt, he or she should not be of age less than 30 years and above 50 years. The maximum age shall be 45 years to adopt children in the age group of 0-3 years, and 50 years for adopting children above three years.

8. The parents should have adequate financial resources to provide a good upbringing for the child.

9. The parents should have good health and should not be suffering from any contagious or terminal disease or any such mental or physical condition.

10. Any orphan, abandoned or surrendered child can be adopted following due procedure laid down in the adoption Guidelines if such child is declared legally free for adoption by the Child Welfare Committee (CWC).

11. Children undergo all health check-ups before the adoption process. Parents can also have the children checked by their doctor prior to adoption. There is a different category of adoption for children with special needs. Emphasis is laid on the extra needs of the child. Parents opting for kids from this category are made aware of the needs. They can adopt only if they are sure they can manage the needs.

12. Ensure that a child adopted is through an agency recognised by the Central Adoption Resource Authority. A child has to be legally free and a court order is necessary to complete the adoption process.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You may check the www.cara.co.in however following are the details to go for:

Adoption Procedure for Resident Indians

9.Registration and home study of the prospective adoptive parents:

The Indian prospective adoptive parents irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, shall apply for the same to Specialised Adoption Agencies through Child Adoption Resource Information and Guidance System by filling up the online application form, as provided in Schedule VI, and uploading the relevant documents thereby registering themselves as prospective adoptive parents.

The prospective adoptive parents shall opt for desired State or States by giving option for those particular States at the time of registration.

Registration on Child Adoption Resource Information and Guidance System would be a deemed registration in all Specialised Adoption Agencies of the State or States they have opted for.

The registration number of prospective adoptive parents shall be available with all the Specialised Adoption Agencies in those State or States, as the case may be.

The registration shall be complete and confirmed to the prospective adoptive parents immediately on receipt of the completed application form and requisite documents on Child Adoption Resource Information and Guidance System:

Provided that the documents shall be uploaded within a period of thirty days from the date of registration failing which the prospective adoptive parents have to register afresh.

The prospective adoptive parents shall get their registration number from the acknowledgement slip and use it for viewing the progress of their application.

The prospective adoptive parents shall select a Specialised Adoption Agency nearest to their residence for Home Study Report in their State of habitual residence.

The Home Study Report of the prospective adoptive parents shall be prepared through the social worker of selected Specialised Adoption Agency and in case they are unable to conduct Home Study Report within stipulated time, they shall take the assistance of a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit, as the case may be.

The Specialised Adoption Agency or the empanelled social worker of the State Adoption Resource Agency or District Child Protection Unit shall counsel the prospective adoptive parents during the home study.

The Home Study Report shall be completed in the format given in Schedule VII, within thirty days from the date of submission of requisite documents and shall be shared with the prospective adoptive parents immediately, thereafter.

The Home Study Report shall be posted in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency as soon as it is complete.

The Home Study Report shall remain valid for three years and shall be the basis for adoption of a child by the prospective adoptive parents from anywhere in the country.

The prospective adoptive parents shall be declared eligible and suitable by the Specialised Adoption Agency based upon the Home Study Report and supporting documents and in case any prospective adoptive parent is not declared eligible or suitable, the reasons for the same shall be recorded in the Child Adoption Resource Information and Guidance System.

The prospective adoptive parents may appeal against the decision of rejection to the Authority as provided regulation 59.

The appeal referred to in sub-regulation (14) shall be disposed of within a period of fifteen days and the decision of the Authority in this regard shall be binding.

The District Child Protection Unit shall facilitate online registration of application of prospective adoptive parents, uploading of their documents and also for addressing technical difficulties faced by the Specialised Adoption Agencies.

The adoption of a child by the prospective adoptive parents, after completion of their registration and Home Study Report, shall depend upon the availability of a suitable child.

10. Referral of a child from a Specialised Adoption Agency through Child Adoption Resource Information and Guidance System to prospective adoptive parents:

The seniority of the prospective adoptive parents for child referral shall be from the date of uploading of documents and completion of registration process in Child Adoption Resource Information and Guidance System.

On the basis of seniority, the prospective adoptive parents shall be referred online profile of three children which will include the photographs, Child Study Report and Medical Examination Report, in their preference category, if any, from one or more Specialised Adoption Agencies through the Child Adoption Resource Information and Guidance System in one or more referrals.

After viewing the profile of the child or children, the prospective adoptive parents may reserve one child within a period of forty-eight hours for possible adoption and the rest of the children would be released by Child Adoption Resource Information and Guidance System for other prospective adoptive parents in the waiting list.

The Specialised Adoption Agency shall get the details of the prospective adoptive parents through the Child Adoption Resource Information and Guidance System for fixing an appointment with the prospective adoptive parents for matching, to assess the suitability of the prospective adoptive parents by an Adoption Committee as defined in sub-regulation (2) of regulation 2 and the Adoption Committee shall prepare the minutes of the meeting as per format provided in Schedule XXVII.

The quorum of the Adoption Committee shall be two members and the quorum of the Adoption Committee in case of adoption from a Child Care Institution shall be three members, while the presence of one official from the District Child Protection Unit would be mandatory.

The Specialised Adoption Agency shall also organise a meeting of the prospective adoptive parents with the child.

The entire process of matching shall be completed within a maximum period of twenty days from the date of reserving the child.

The Specialised Adoption Agency shall counsel the prospective adoptive parents when they visit the agency for matching.

While accepting the child, the prospective adoptive parents shall sign the Child Study Report and Medical Examination Report which may be downloaded from the Child Adoption Resource Information and Guidance System, in the presence of the social worker or chief functionary of the Specialised Adoption Agency and the Specialised Adoption Agency shall record the acceptance by the prospective adoptive parents in the Child Adoption Resource Information and Guidance System.

In case the prospective adoptive parents are not selected for the child by the Adoption Committee, the reason for non-selection of the prospective adoptive parents shall be recorded in the Child Adoption Resource Information and Guidance System.

If grounds of rejection are found to be due to systemic error or on non-justifiable reasons, seniority of the prospective adoptive parents shall be retained.

In case the prospective adoptive parents do not accept the reserved child or the Adoption Committee does not find the prospective adoptive parents suitable, then the prospective adoptive parents shall be relegated to the bottom of the seniority list, as on that date, who may avail a fresh chance when the seniority becomes due and the same procedure shall be followed in the subsequent chances.

In all cases referred to in sub-regulations (12), the reasons for not considering the child have to be clearly stated in Child Adoption Resource Information and Guidance System.

The registration of prospective adoptive parents shall continue till child adoption, with revalidation of the Home Study Report in every three years.

The prospective adoptive parents may also get the Medical Examination Report of the child reviewed by a medical practitioner of their choice before giving their acceptance for adoption of the child.

11. Pre-adoption foster care:

The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of matching, after signing the pre-adoption foster care undertaking in the format provided in Schedule VIII.

12. Legal procedure:

The Specialised Adoption Agency shall file an application in the court concerned, having jurisdiction over the place where the Specialised Adoption Agency is located, with relevant documents in original as specified in Schedule IX within ten working days from the date of matching of the child with the prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection Certificate from the Authority, for obtaining the adoption order from court.

The Specialised Adoption Agency shall file an application in the given format as per Schedule XXVIII or XXIX, as applicable.

In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in another district, the Specialised Adoption Agency shall file the application in the court concerned, in the district where the child or the Specialised Adoption Agency is located and in such a case, the Child Care Institution will be a co-petitioner along with the Specialised Adoption Agency and the Child Care Institution shall render necessary assistance to the Specialised Adoption Agency concerned.

In case of siblings or twins, the Specialised Adoption Agency shall file single application in the court.

Since an adoption case is non-adversarial in nature, the Specialised Adoption Agency shall not make any opposite party or respondent in the adoption application.

The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption application by the Specialised Adoption Agency, as provided under sub-section (2) of section 61 of the Act.

The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the name of the child, considering the fact that their psycho-social profile and financial status have already been ascertained from the Home Study Report and other supporting documents.

The Specialised Adoption Agency shall obtain a certified copy of the adoption order from the court and shall forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and update the relevant entries in the Child Adoption Resource Information and Guidance System.

Registration of an adoption deed shall not be mandatory as per the Act.

The Specialised Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth certificate of the child within three working days from the date of issuance of adoption order, with the name of adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by the issuing authority within five working days from the date of receipt of the application.

The Specialised Adoption Agency shall submit an affidavit to the court while filing a petition as provided in Schedule XXIII.

13. Follow-up of progress of adopted child:

The Specialised Adoption Agency which has prepared the Home Study Report, shall prepare the post-adoption follow-up report on six monthly basis for two years from the date of pre-adoption foster placement with the prospective adoptive parents, in the format as provided in Schedule XII and upload the same in Child Adoption Resource Information and Guidance System along with photographs of the child.

In case the adoptive parents relocate, they shall inform the agency which has conducted their home study and the District Child Protection Unit of the district where they relocate.

CARINGS : Toll Free Help Line No. [deleted]

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

As such no specific law is available for adoption by Christian couples and have to approach court under the Guardians and Wards Act, and can take the child in 'guardianship` that also under foster care only and once a child under foster care becomes major, he is free to break away all his connections and have no legal right of inheritance.

BUT after enactment of The Juvenile Justice (Care and Protection of Children) Act, 2015 -

Prospective adoptive father have apply CARA/RIPA / LAPA or Adoption Coordinating Agency or with the State Adoption Cell.

Than the Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible and other things.

On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority.

The certified copy of the court order, will convey to prospective adoptive parents .

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

India's top court ruled that non-Hindu minority communities, including Muslims and Christians, can now adopt children with full rights as natural parents. ... Non-Hindus could only act as guardians or foster parents, both of which restrict the child's right to inherit.

“The [Juvenile Justice] Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption,” said the judgment, stressing that while personal beliefs are important, they cannot dictate the “operation of the provisions of an enabling statute.”

The adoption can take place u/s 41 of the Juvenile Justice Act in India. Christian parents can adopt the child surrendered by the biological parents.

You may approach concerned child welfare committee.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Could you please direct me to the CARA guidelines from where I can get those details and also the procedure of CARA registration.

the guidelines:

Adoption Procedure for Resident Indians

9.Registration and home study of the prospective adoptive parents:

10. Referral of a child from a Specialised Adoption Agency through Child Adoption Resource Information and Guidance System to prospective adoptive parents:

11. Pre-adoption foster care:

12. Legal procedure;

You can get more details in the following link:

http://cara.nic.in

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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