Your sister will give in adoption to her new husband. Such adoptions being encouraged recently by CARA etc,. it is as follows:
Adoption by Step-Parent was not possible in India until now. In its most recent guidelines, CARA has now permitted the same. Please go through the 2017 Adoptions Regulations w.e.f. Jan 16, 2017 - allowing step parents to legally adopt the child from of their partner (from a previous marriage)
Adoptions Regulations 2017 – Ready Reckoner
MINISTRY OF WOMEN AND CHILD DEVELOPMENT has notified the Adoption Regulations 2017 as framed by the Central Adoption Resource Authority. These guidelines come into force w.e.f. Jan 16, 2017.
The 2017 regulations are path breaking in terms of addressing the need for in-family adoptions, post adoption support, child centric provisions, category for immediate placements, flexibilities by way of relaxation committee, extended validity of home study report, equitable referral of children, time limit on courts for disposing adoption deeds, consolidation of seniority list, facilitating root search even by children below 18 years of age to name a few.
The salient features of these guidelines are:
• A Fundamental Principle relating to all adoptions to be registered on Child Adoption Resource Information and Guidance System (CARINGS) has been included to ensure that all adoptions, including In-Family and Relative adoptions are registered with CARA.
• The scope of children available for adoption has been expanded to include a child of a relative and step-children
• The age criteria for prospective adoptive parents has been relaxed for relative / in-family adoptions and adoption by step-parent.
• The limit on eligibility for adoption has been reduced from 4 children to 3 children. Therefore, couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children as mentioned in regulations and for relative adoption and adoption by step-parent.
• Home Study Report emphasizes the preparedness of the parents and their ability to support a child in adoption – beyond their immediate need
• DCPU has been allowed time limit of 3 working days to place advertisement / notification for tracing the parents/guardians in case of child received in adoption – earlier the same was 72 hours.
• Parents can indicate their preference for the State from which they wish to adopt, at the time of registration, itself – which will determine their waitlist in that State, for their chosen preference for the gender and age combination of the child they wish to adopt. Parents can also indicate “All India” if they do not have any specific preference. The parents will be automatically registered for all the Specialized Adoption Agencies of the State or States they have opted for.
• The validity of the home study report has been extended to 3 years from 2 years.
• The number of children to be referred to parents based on their seniority has been reduced to three (from up to six, previously) – in one or more referrals.
• New terms related to Disruption, Dissolution and Habitual Residence have been included to address Post Adoption responses
• The validity of registration of parents has been extended from current period of two years to being valid until adoption is complete, with revalidation of the Home Study Report in every three years.
• In case of siblings or twins, the Specialized Adoption Agency shall file single application in the court.
• 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 Specialized Adoption Agency
• 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.
• Special provisions has been provided for to address post adoption scenarios relating to disruption or dissolution of adoption, safeguarding the interests of the child.
• The parents shall be referred children on the basis of a single seniority list as against separate seniority list provided for in erstwhile regulations for resident of overseas parents.
• Parents shall be allowed to change the State preference once within sixty days from the date of registration without losing their seniority
• Seniority of parents registered as single, but married later shall be counted from the date of registration as single after receipt of fresh Home Study Report.
• Parents registered for normal child, shall be able to adopt a special need child or children in Immediate Placement category with the same seniority
• Provision has been made for adoptees above eighteen years to apply for root search independently online while children below eighteen years can apply jointly with their adoptive parents to the Authority seeking facilitation of root search.
• The regulations provide for additional efforts for adoption of children, who are not getting any referral for long time
• Provisions have been made for adoption by relatives and step-children within new guidelines
• A Relaxation Committee has been provided for to facilitate decision making in extra ordinary circumstances of adoption, bearing the best interests of the child.
Stepparent Adoption FAQ's
Being a parent is a rewarding, yet difficult job. When you're a stepparent, the job can present additional challenges as you fill an important niche in a child's life. Sometimes stepparents chose to further expand their role by adopting their stepchildren, although there are legal hurdles that must be crossed to formalize that relationship. This article will provide answers to some of the most common questions about stepparent adoption, including:
• The legal requirements needed to complete the process;
• The duties and rights of the birth parents; and
• The eligibility of same-sex couple step parents.
I want to adopt my spouse's birth children. How difficult is it to adopt stepchildren?
It is not difficult as other types of child adoption, but there are still steps that must be taken. In most other child adoptions, the court requires home visits and adoption hearings, and there is a long waiting period. Because in a stepparent adoption the parties are related, the courts may remove these requirements in order to speed up the process. The main issue that most stepparents adopting a stepchild face is obtaining consent from the other birth parent.
Do I need consent from the birth parents to adopt my stepchild?
Yes. In all stepparent adoptions, the consent of the other birth parent is required. If that other birth parent's parental rights have been terminated due to abandonment, neglect, unfitness, or failure to pay child support, however, then that birth parent's consent is not required.
Getting consent from the other birth parent is often difficult because, in giving consent, that birth parent is giving up all of his or her parental rights. Of course, this means that that birth parent is giving up all parental responsibilities, such as paying child support, as well, so if the birth parent does not have a relationship with the child anyway, the stepparent may have an easier time getting consent. In some cases, the other birth parent may recognize that the stepparent adoption is in the child's best interest. In those cases, consent is not hard to obtain.
If the other birth parent does not consent, can their rights be terminated anyway?
There are ways to terminate the other birth parent's parental rights, which would eliminate the requirement of his or her consent. Parental rights can be terminated if you can prove the other parent abandoned the child, is unfit, or is not the biological father (when the other parent is male).
• How to prove the other birth parent abandoned the child: "Abandonment" means that the parent has not communicated with the child or provided financial support for the child. In most states, if the other birth parent has continuously failed to provide child support or has abandoned the child for a length of time (one year in most states), then his or her parental rights can be terminated.
• How to show the other birth parent is unfit: If you have cause to show that the other birth parent is unfit, most state courts will conduct a fitness hearing. At this hearing, the court will deem the other birth parent unfit if she or he is abusive, neglectful, fails to visit, has a mental disturbance, is addicted to drugs or alcohol, or is incarcerated. Usually, when only one birth parent is deemed unfit, sole custody will be awarded to the other fit parent. In this case, stepparent adoption is easier, because the consent of the unfit parent is not required.
• How to show the presumed birth father is not really the father: Showing that the other parent is not legally the father can also terminate that father's parental rights. Each state has family laws stipulating who the presumed father is in certain situations, so be sure to check your own state's laws. In ALL states, when a child is born to a married couple, the husband is the presumed father. If a man marries a woman after the birth of the child and the man is named as father on the birth certificate, that man is the presumed father. If you can show that the purported other parent is not the presumed father, you do not need to show unfitness or abandonment. You only need to show that he does not meet your state's legal definition of "presumed father". If you can do this, the court may terminate his rights. Thus, you wouldn't need his consent for stepparent adoption. If the other parent DOES meet one of the requirements of your state's "presumed father" definition, then either his consent will still be required, or you will need to prove abandonment or unfitness.
My partner and I are a same-sex couple. Can I adopt his child?
The U.S. Supreme Court's 2015 Obergfell v. Hodges ruling overturned all state bans on same-sex marriage, making marriage equality the law of the land. In most cases, same-sex partners can adopt using the stepparent adoption procedures just like opposite-sex married couples can.
Need Help With Your Adoption Case? Contact an Attorney
Stepparent adoption laws vary by state. A lawyer will make the process easier and will increase the likelihood of your success. You should also check your local government's website for information, forms and instructions on how to proceed with your stepparent adoption. A good first step in the process of adopting your significant other's child is to speak with a family law attorney familiar with the laws in your state.