• Adopting friend's child

My friend is having a baby and because of financial constraints they are willing to give the baby. I am married but we dont have kids because of my wife's health condition. What is the procedure to officially adopt the baby? Is it straightforward because all parties are interested in this or will it take lot of time. They are willing to give us the baby after 11 days.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

Sir if the other family is hindu too and the child is below age of 15 years the family can give you adoption through an adoption deed directly under Hindu Adoption And Maintenance Act.

The terms and condition has to be followed there must a adoption ceremony for giving and taking adoption of child, the deed. the capacity of parents to give in adoption and capacity of parents adopting.

Kindly refer the below provision for an understanding of the act

7. Capacity of a male Hindu to take in adoption- Any male Hindu who is of

sound mind and is not a minor has the capacity to take a son or a daughter in

adoption.

Provided that, if he has a wife living, he shall not adopt except with the consent

of his wife unless the wife has completely and finally renounced the world or has

ceased to be a Hindu or has been declared by a court of competent jurisdiction

to be of unsound mind.

Explanation-If a person has more than one wife living at the time of adoption,

the consent of all the wives is necessary unless the consent of any one of them

is unnecessary for any of the reasons specified in the preceding proviso.

8. Capacity of a female Hindu to take in adoption- Any female Hindu-

(a) who is of sound mind,

(b) who is not a minor, and

(c) who is not married, or if married, whose marriage has been dissolved or

whose husband is dead or has completely and finally renounced the world or

has ceased to be a Hindu or has been declared by a court of competent

jurisdiction to be of unsound mind,

has the capacity to take a son or daughter in adoption.

9. Persons capable of giving in adoption- (1) No person except the father

or mother or the guardian of a child shall have the capacity to give the child in

adoption.

(2) Subject to the provisions of sub-section (3) and sub-section (4), the father,

if alive, shall alone have the right to give in adoption, but such right shall not be

exercised save with the consent of the mother unless the mother has

completely and finally renounced the world or has ceased to be a Hindu or has

been declared by a court of competent jurisdiction to be of unsound mind.

(3) The mother may give the child in adoption if the father is dead or has

completely and finally renounced the world or has ceased to be a Hindu or has

been declared by a court of competent jurisdiction to be of unsound mind.

(4) Where both the father and mother are dead or have completely and finally

renounced the world or have abandoned the child or have been declared by a

court of competent jurisdiction to be of unsound mind or where the parentage

of the child is not known, the guardian of the child may give the child in

adoption with the previous permission of the court to any person including the

guardian himself.

(5) Before granting permission to a guardian under sub-section (4) the court

shall be satisfied that the adoption will be for the welfare of the child, due

consideration being for this purpose given to the wishes of the child having

regard to the age and understanding of the child and that the applicant for

permission has not received or agreed to receive and that no person has made

or given or agreed to make or give to the applicant any payment or reward in

consideration of the adoption except such as the court may sanction.

Explanation- For the purposes of this section-

(i) the expressions "father" and "mother" do not include an adoptive father and

an adoptive mother,

(i-a) "guardian" means aperson having the care of the person of a child or of

both his person and property and includes-

(a) a guardian appointed by will of the child's father or mother; and

(b) a guardian appointed or declared by a court; and

(ii) "court" means the city or civil court or a district court within the local limits

or whose jurisdiction the child to be adopted ordinarily resides.

10. Persons who may be adopted- No person shall be capable of being taken

in adoption unless the following conditions are fulfilled, namely-

(i) he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has not been married, unless there is a custom or usage

applicable to the parties which permits persons who are married being taken in

adoption;

(iv) he or she has not completed the age of fifteen years, unless there is a

custom or usage applicable to the parties which permits persons who have

completed the age of fifteen years being taken in adoption.

11. Other conditions for a valid adoption- In every adoption, the following

conditions must be complied with:

(i) if any adoption is of a son, the adoptive father or mother by whom the

adoption is made must not have a Hindu son, son's son or son's son's son

(whether by legitimate blood relationship or by adoption) living at the time of

adoption;

(ii) if the adoption is of a daughter the adoptive father or mother by whom the

adoption is made must not have a Hindu daughter or son's daughter (whether

by legitimate blood relationship or by adoption) living at the time of adoption;

(iii) if the adoption is by a male and the person to be adopted is a female, the

adoptive father is at least twenty-one years older than the person to be

adopted;

(iv) if the adoption is by a female and the person to be adopted is a male, the

adoptive mother is at least twenty-one years older than the person to be

adopted;

(v) the same child may not be adopted simultaneously by two or more persons;

(vi) the child to be adopted must be actually given and taken in adoption by the

parents or guardian concerned or under their authority with intent to transfer

the child from the family of its birth or in the case of an abandoned child or a

child whose parentage is not known, from the place or family where it has been

brought up to the family of its adoption.

Provided that the performance of datta homan, shall not be essential to the

validity of an adoption.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, the procedure for adoption is simple. You need to prepare a adoption deed. The adoption has to be given by both the birth parents if both are alive. The adoption has to be taken by both the parents taking the baby for adoption. The adoption deed must be registered before the SDM or Registrar of documents. You may required to take the assistance of some or other lawyer.

Adoption is only valid, when adoption deed is registered, unregistered adoption deed is not a valid adoption.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

There is only two mandatory requirements regarding the adoption.

First religious ceremony

Second registration of Adoption Deed.

It will take only one or two days,

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Deed of adoption has to be executed by biological pate st in your favour

2) there has to be giving and taking ceremony of the baby

3) deed of adoption should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
89068 Answers
6359 Consultations

5.0 on 5.0

In India the adoption procedure is governed by various statutes and guidelines provided by the Central government. These statues and guidelines have extensive provisions covering precise and clear definition of adoption, who can be adopted, who can adopt to the rights of the adopted child and other related provisions. Currently the laws of adoption are governed by personal laws as well as other statutes such as Guardian and Wards Act, 1890, The Hindu Adoption and Maintenance Act, 1956, Guidelines Governing Adoption of Children, 2015, Juvenile Justice (Care and Protection of Children) Act, 2015.However, we shall discuss the adoption procedure irrespective of the personal laws. We will talk about the guidelines provided by the Central Government in 2015.

What does adoption mean?

Adoption is the process through which a child becomes the lawful child of his adoptive parents. He will have all the rights, privileges and responsibility of a biological child.

Who can be adopted?

According to Section 4 of the latest guidelines provided by the Central Government in 2015 any orphan, abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee is eligible for adoption.

An orphan is a child who is without his legal parents or guardian or his parents are not capable of taking care of him.

An abandoned child is one who is deserted or unaccompanied by his parents or guardians and the Child Welfare Committee has declared him so.

A surrendered child is one who is relinquished on account of physical, emotional and social factors beyond the control of the parent or legal guardian and is so declared by the Child Welfare Committee.

Who can adopt?

a) Any Indian, NRI or foreign citizen can adopt a child, though the procedure for all three is different.

b) Any male or female irrespective of their marital status is eligible to adopt.

c) A single female can adopt a child of any gender but a single male cannot adopt a girl child.

d) If a couple is adopting, they should have two years of stable marriage and consent of both the spouses is necessary.

e) Age difference should not be less than 25years between the adoptive parents and the adoptive child.

Conditions to be fulfilled

a) The prospective parents should be emotionally, mentally and physically stable.

b) They should be financially capable to raise a child.

c) They should not have more than four kids.

d) They should not be suffering from a life threatening disease.

What is CARA?

Central adoption resource authority (CARA) is the nodal agency to regulate adoption for in-country and intra-country. It is a statutory body of the Government of India working under the Ministry of Women & Child Development. It deals with adoption of children through special recognised agencies.

Contact Details:-

Address: Central Adoption Resource Authority, Ministry of Women & Child Development, West Block 8, Wing 2, 2nd Floor, R.K. Puram, New Delhi-110066 (India)

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

You have to follow similar procedure as prescribed in Cara please check the website for detailed information and follow the procedure to hi legal adoption

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. You will have to make an application before the court under Hindu ADOPTION AND MAINTENANCE aCT.

2. Before that you need to make an agreement with the biological a[rents of the child.

3. The age of the child must be below 15 years.

4. There is not much hassles for this and you ca take help of a local advocate.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

Instead of going for a private adoption, it is better that you approach CARA for this adoption.

CARA is an autonomous body under the Ministry of Women & Child Development, Government of India, and is mandated to monitor and regulate in-country and inter-country adoptions. After registering with CARA, you will be required to move a petition at the court of apt jurisdiction, where a Court hearing will take place regarding this adoption (the court is required to dispose the adoption case within 2 months).

I will suggest you to approach the CARA helpline and further take assistance of a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hi,

You should do it legally and an adoption deed must be executed and registered.

Thanks

Abul Kalaam Azad
Advocate, Madurai
8 Answers
2 Consultations

4.8 on 5.0

Dear Couple,

Adoption – Procedure

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

Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India

Frequently Asked Questions (FAQ’s)

http://www.cara.nic.in/PDF/faqs.pdf

Child Adoption Procedure In India

Can I adopt if I already have a child?

Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing.

http://www.womensweb.in/articles/adoption-your-questions-answered/

Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said.

Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60 year-old HAMA.

Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre-requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes.

Draft Cabinet note

“The Ministry of Women and Child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA),” a ministry spokesperson said.

The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister’s Office, before it is taken up by the Union Cabinet, the official said.

“Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children,” the spokesperson said.

The ministry has proposed changes to HAMA so that parents who adopt a child mandatorily register their deed of adoption on CARA’s web portal, following which they will be issued a certificate of adoption.

Need for a registery

CARA CEO Lt. Col. Deepak Kumar said that the move will allow it to maintain a ‘national adoption register’ which will compile data on adoptions under HAMA, in addition to those that take place through its web portal.

“HAMA is a big hole in our net. We need to widen our net so that we can monitor all adoptions. But first we need to record these by having a national adoption register,” Kumar told PTI.

The official explained that the adoption agency carried out a study where data from one of the total 22 sub-registrars in Delhi was collected, which showed that 145 adoption deeds were registered in the past three years.

He added that if this data is extrapolated, it can be assumed that over 3,000 children were adopted under HAMA in the past three years in Delhi alone.

“But these are only those adoptions that are actually legally formalised. We found out from the Collector of Stamps in Delhi that in 14 months there were 3,200 stamps sold for the purpose of adoption. If all these stamps are being used lawfully, we should have seen nearly 9,000 adoptions during these three years,” Kumar explained.

Changes and reforms

In a bid to reform the adoption procedure in the country and bring more transparency, the Union Ministry of Women and Child Development brought a new set of guidelines in August, 2015.

For the first time, the entire adoption procedure was transferred online, to be monitored by the Central Adoption Resource Authority, the nodal body regulating adoptions in India.

However, despite the new mechanism, CARA hasn’t seen an increase in adoption and recorded a mere 3,788 adoptions across the country in 2016, while there were four to five times the number of parents waiting to bring home a child.

Officials hope that once they have data on adoptions under HAMA, they will have a more realistic picture.

The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child.

Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

Firslty, if they are ready to give to child to you then it won’t be taking to long process.

Secondly, make a application with the affidavit and consent letter of all the parties involved before the court of law.

Thirdly, once that is done you would be called as legal guardian of he child.

Good Luck and Good Bless You All...!

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed.

You just to get an adoption deed drafted and signed by both the biological parents of the child as well as you and your wife.

You would also need to get the adoption deed registered.

Afterwards, you'll be the legal parents of the child.

Siddharth Jain
Advocate, New Delhi
6094 Answers
101 Consultations

5.0 on 5.0

There is nothing wrong in adopting the child following the proper procedures as laid down in HAMA .

The eligibility conditions for giving in adoption and taking the child adoption is clearly given in the referred act including the rituals that need to be observed.

After that you can draw an adoption deed, get it registered.

T Kalaiselvan
Advocate, Vellore
79229 Answers
1617 Consultations

5.0 on 5.0

1. How old is the said baby?

2. You and your wife can take the baby in adoption by registering the adoption deed.

3. The biological parents shall have to give their consent under affidavit for giving their son in adoption to you.

4. You are required to engage a local lawyer for drafting the said adoption deed and get the same registered before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

You need to execute a adoption deed and legally adopt the baby. There are new adoption guides procedure which you need to follow.

Adoption in India

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.

Prashant Nayak
Advocate, Mumbai
28091 Answers
93 Consultations

4.4 on 5.0

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