"If you have the heart for adoption, don't let fear stand in the way"
India is a country with great religious diversity and every religion has its own
set of rules. The Indian legal system includes customs and legislations to form
law but in Indian society personal matters are governed by the customs of those
religion like Hindu, Muslim, Christians and Parsi etc...in their Personal laws .
Children are considered the future of the country.
While on one hand, children have the right to pampered, taken care of and given
all the necessities for development, on the other hand there are many children
being abandoned per year in India. In some cases, these children become victims
of human trafficking and sexual violence. In such cases the abandoned children
are taken to any adoption agency for adoption . Adoption gives a chance for a
second life. In this article , I am going to talk about adoption under various
laws and their procedure for adoption and adopting institutions and inter
country adoption with case laws . This article defines social challenges and
changes regarding adoption.
"There are no unwanted children, just unfound families."
Adoption is a worldwide institution. Almost all religions and mythologies have
some reference to adoption. In the contemporary world, the thirst of the concept
of adoption has changed from providing child to childless to providing home to
homeless. Adoption is one of the concepts that have undergone a radical change
in the course of transit from primitive to modern age. Adoption is essentially a
product of historical and evolutionary processes.
Adoption is a sacred act performed by the humans. As per the Merriam-Webster
legal dictionary defines legal adoption means "to take voluntarily (a child of
other parents) as one's own child especially in compliance with formal legal
procedures". Adoption can be legal as well as illegal. Under Indian law adoption
is a legal coalition between the party willing for adoption and a child, it
forms the subject matter of 'personal law' where Hindu, Buddhist, Jain or Sikh
by religion can make a legal adoption. In India there are no separate adoption
laws for Muslims, Christians and Parsis, so they have to approach court under
the Guardians and Wards Act, 1890 for legal adoption.
Adoption is the legal act of permanently placing a child with a parent or
parents other than the biological parents. According to the myth prevailing in
society , people tend to believe that if they are adopting a child, they prefer
to adopt a boy over a girl because of the thought-process that a girl can't
redeem them from hell or save them from the sufferings.
VIEWS BY SCHOLARS
● Ashok A. Desai, J, (1998) said the right to have size of a family according to
one's own choice is comprehended within the concept of human dignity. Since the
impugned provisions, namely, Hindu Adoption and Maintenance Act, 1956, Sec.
11(i) prevent such right, they are violative of the Constitutional guarantee.
● S Parkar, J, (1999) was of the opinion that after legal adoption, there should
be statutory provisions in law for monitoring and filing progress reports on the
well-being of respective children. In situations that are detrimental to the
interests of the child in question, there should be provisions to initiate
appropriate action for the best interest of the child since our constitution
protects the right of a child under Art. 14 and Art 21 of the Constitution.
● Sathasivam, C. J., was of the view that adoption has always been considered as
a wonderful opportunity to provide a child with home and parents. It offers an
excellent alternative to institutional care of destitute, abandoned and
neglected children in an atmosphere of love, affection and understanding which
only a family can provide and must be safeguarded like a fundamental right.
● Elizabeth Barthelot, (2007) is of the view that inter-country adoption
violates the fundamental rights of the biological parent and the adopted child
to save the human right of couples who cannot have children.
OBJECTIVES OF ADOPTION
The objectives of adoption are ;
- To get old-age protection by the adopted child.
- To give love and care for the child and benefit the childless parents.
- To perpetuate family name and fame.
- To keep secured the family property.
- To secure performance of one's funeral rights and to preserve the
continuance of one's lineage.
ADOPTION UNDER ENGLISH LAW
Modern adoption laws came into existence only after the First World War where
many kids were abandoned due to chaos and epidemic influenza. It's only
recognised in the latter half of the nineteenth century. First adoptions laws
were passed by England and Wales in 1926 called THE ADOPTION OF CHILDREN
The purpose of this act is to prevent the biological parents from claiming back
their children. A more comprehensive act was passed in 1950 and modified in the
year 1958. English law is similar to Hindu law of adoption. A large number of
countries enacted new adoption laws in the aftermath of World War II. Several
amendments were made to earlier legislations during 1940: 1980. A number of
countries also modified existing legislation on adoptions to allow for new forms
ADOPTION UNDER INDIAN LAW
Before independence , they can adopt an abandoned or orphaned child under The
Children's Act,1920. Adoption in India, for a long time, fell within the ambit
of personal laws, and there was no uniform legal framework that governed the
adoption of children. Thus, adoptions were a purely religious matter, and
members of certain religions - specifically Islam, Christianity, Judaism and
Zoroastrianism - were essentially prohibited from adopting children, as their
personal laws did not permit it.
Instead, they can adopt a child as a guardian, under the Guardians and Wards
Act, 1890. The only religious communities that could adopt children were Hindus,
Sikhs, Buddhists and Jews, whose personal law, codified in the form of the Hindu
Adoption and Maintenance Act, 1956, allowed for adoption of children.The
objective of these enactments is to protect the rights of an adopted child and
transferring all legal obligations and rights from biological parents to
Indian citizens can adopt in India under three major legislations;
- Hindu Adoption and Maintenance Act of 1956 (Hindus, Jain, Sikhs or
- Guardian and Wards Act of 1890 (Foreign citizens, NRIs and Indian nationals
who are Muslims, Christians or Jews)
- Juvenile Justice Act of 2000 (a part of which deals with Adoption of
children by non-Hindu parents)
ADOPTION UNDER HINDU LAW
HINDU ADOPTION AND MAINTENANCE ACT, 1956
In ancient times , Gender bias played a very prominent role in Adoption . Before
HAMA,1956 in India Shastri Law was followed among Hindus where they can adopt
Only male children with reference to their own Caste and Kotra and Only male can
Adopt a child with or without consent of wife is immaterial.
The Hindu adoption and maintenance act,1956 , brought radical changes in the
society where females can adopt a child and a female child could be adopted.
Though after the enactment of the Act, it has noted that the gender
discrimination still exists. A married female cannot adopt, not even with the
husband's consent, unless her husband dies or suffers from any disability or
renounces the world or so. On the other hand, a husband may adopt with or
without consent of the wife. It clearly shows the Gender discrimination.
Similarly, in the matter of giving a child in adoption, the Hindu male enjoys
broader rights than a corresponding female.
In the case of Smt.Malati Roy Chowdhury Vs Sudhindranath Majumdar(1), the
appellant, Malti had been adopted by the deceased mother. After her mother's
death, she became the sole heiress and applied for estates and properties left
behind by her mother. There was a lot of evidence which has been presented by
the appellant like proof of the ceremony of adoption, natural parents handing
over the child to the adoptive mother in the presence of her husband and the
priest; acknowledgement through school records; Malti being performed at the
funeral ceremony of her mother. But however, the Court did not accept the
argument and it was held that, "under the provisions of the act, the husband
alone can adopt, but here, it is an admitted position that Malti was adopted by
the mother Tripti not by the father and thereby, rejected her appeal."
In Bal Gangadhar Tilak v. Shrinivas Pandit(2), the Privy Council held that under
Hindu law, adoption was a means by which not only the father's name was carried
forward, but it aided for the fulfilment of various religious rites and
practices under Hindu law that mandated the involvement of a son. However, it
has to be noted that traditionally under Hindu laws, adoption of a daughter was
not legally recognised, though it was permissible under customary law, only a
son could take part in the religious rites and practices that are essential
under the Hindu religion.
The wife of a Hindu male, who adopts is deemed to be the adoptive mother. Where
an adoption is made with the consent of more than one wife, the senior most in
marriage is deemed to be the adoptive mother and the rest are given the title of
step mothers. All laws relating to the adoptive parents and/or step parents can
be seen in section 12, 13 and 14 of the Hindu Maintenance and Adoption Act of
1956. In this context, an issue came up. The case of Sawan Ram v. Kalavati(3),
brought out the question as to whether, in the case of adoption by a widow,
would the adopted child be deemed to be the child of the deceased husband as
well, so as to be his heir. The Supreme Court held that the adoption would not
only be by the female, but also to her deceased husband. This argument was based
on the words found in s. 5(1) of the Act.
Also, it has to be noted that the adoptions once made by the parents cannot be
cancelled by the parents, nor can the adopted child renounce the adoptive family
and go back to his/her birth parents. Adoption is generally held to be permanent
in nature, with neither parties going back on their words. This has been stated
in section 15 of The Act. But care has to be taken that the adoption referred to
in this section is a valid adoption.
Some relevant parts of the Act are:
- Married couples or single adults can adopt
- Legally the man adopts with the consent of his wife
- A single man or woman can adopt
- If a biological child already exists in the family, a child of the opposite sex
has to be adopted
- Children adopted under this Act get the same legal rights as a biological child
- Children under the age of 15 years can be adopted
- A single man adopting a girl should be at least 21 years older than the child
- A single woman adopting a boy should be at least 21 years older than the child
- Adoption under this act is irrevocable.
- The person can be adopted
- He or she is a Hindu
- He or she has not already been adopted
- 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
- 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.
Other conditions for a valid adoption are fulfilled
- If the 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
living at the time of adoption
- 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 living
at the time of adoption;
- If the adoption is by a male and the person to be adopted is a male, the
adoptive father is at least twenty one years older than the person to be
- If the adoption is by a female and the person to be adopted is a male,
the adoptive mother s at least twenty one years older than the person to be
- The same child may not be adopted simultaneously by two or more parents;
the child to be adopted must be actually given and taken in adoption with an
intent to transfer the child from the family of birth.
Inheritance rights of the adoptive child
An adoptive child is treated the same as the biological child of adoptive
parents. They have the same legal rights to benefit from the property as that of
a biological child. The adoptive child can claim stakes on their adoptive
parents property. But according to Hindu adoption and maintenance act the
adoptive child loses rights from their biological parents once they are adopted.
ADOPTION AMONG MUSLIM
Before Shariat Act,1937 adoption recognised by custom, as Muslim Talukadar was
permitted to adopt under Section 29 of Oudh Act,1869. But now No recognization
is given to term adoption in their personal laws. In Islamic term it's called as
Kafil/kafala .Under the Muslim law, the father enjoys a dominant position.In
Sunnis and Shias schools the father is the sole guardian. Mother is not
recognized as a natural guardian even after the death of the father.
There are a few rules in Islam surrounding the concept of Adoption:
- An adopted child retains his or her own biological family name (surname)
and does not change his or her name of the adoptive family.
- An adopted child inherits from his or her biological parents, not from
the adoptive parents.
- If the child is provided with property/wealth from the biological
family, adoptive parents are commanded to take care and not intermingle that
property/wealth with their own. They serve merely as trustees.
In Mohammed Allahadad Khan v. Muhammad Ismail (4), it was held that there is
nothing in the Mohammedan Law similar to adoption as recognized in the Hindu
ADOPTION UNDER CHRISTIAN LAW
No separate Law for adoption under Christian law. Adoption can take place from
an orphanage by obtaining permissions from the court under Guardians and Wards
act,1890. Here also father's right is primary and no other person can be
appointed unless the father is found unfit. This Act also provides that the
court must take into consideration the welfare of the child while appointing a
guardian under the Act. Christians in India can adopt children by resort to
section 41 of the Juvenile Justice (care and protection of children)Act
2006,read with guidelines and rules issued by various state governments.
these acts , children could be adopted only under foster care not as their own
children . 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. On death of the foster parents, their estate is distributed among
legal heirs of the intestate, to the detriment of foster children.
In Philips Alfred Marvin v.V. J. Gonsalves(5) , the Court upheld the legal
validity of an adoption undergone through the help of the Church despite the
absence of any law or customs. The Court also held that adoption was recognised
under Christian law and the adopted child had the same rights as that of a
ADOPTION UNDER PARSI LAW
No separate law for adoption . The Parsi personal laws are governed by the Parsi
Marriage and Divorce act,1936 and Pt III of Indian Succession Act,1925 have no
provision for Adoption. Adoption can take place from an orphanage by obtaining
permission from the court under Guardians and Wards Act, 1890. However a custom
prevails among Parsi's known as the palak where the widow of a childless Parsi
can adopt a child after four days of her husband's death so that certain
religious ceremonies could be performed annually. This child acquires no
property rights .
ADOPTION UNDER SECULAR LAWS
1.GUARDIANS AND WARDS ACT, 1890
Guardianship And Wards Act, 1890 is applicable for Parsis, Christian, Muslim
because they don't have any personal laws and by this, they cannot adopt the
child but they are only the guardian in this act the child had no right to
inherit the property. Also, when he/she turns to 21 they are assumed to be a
separate identity. Before the Juvenile Justice (Care and Protection) Act of
2000, this was the only legislation that allowed non-Hindus to adopt. However,
this act ended up being the first secular law that allowed for a child to be
adopted in India. The salient points of this Act are:
- Anyone under the age of 18 years can be a ward;
- The guardianship can be revoked by the courts or by the guardian;
- A will is required for any property/goods to be bequeathed to the child;
- This will can be legally contested by 'blood' relatives;
- Both spouses can legally be guardians
- Single people can adopt without any age difference restrictions.
Personal laws of Muslim, Christian, Parsis and Jews do not recognise complete
adoption so if a person belonging to such religion has a desire to adopt a child
can take the guardianship of a child under section 8 of the Guardians and Wards
Act, 1890. This statute only makes a child a ward, not an adoptive child.
According to this statute, the movement child turns to the age of 21, he is no
longer considered as a ward and treated as an individual identity.
2.THE JUVENILE JUSTICE (CARE & PROTECTION OF CHILDREN) ACT 2000
The Juvenile Justice (Care and Protection of Children) Act, 2000 (J. J. Act) was
adopted to aid the rehabilitation of orphaned, abandoned and surrendered
children. The Juvenile Justice (Care and Protection of Children) Act, 2000 and
all the Amending Acts (2006, 2010, and the latest being in 2015) guarantee
those rights to an adopted child which are recognized under the Hague
The 2000 Act did not, however, define adoption, and the term was
added in the 2006 Amendment. According to section 2(aa) of the Juvenile Justice
(Care and Protection of Children) Amendment Act, 2006, "adoption means the
process through which the adopted child is permanently separated from his
biological parent and becomes the legitimate child of his adoptive parents with
all right, privileges and responsibility that are attached to the relationship".
This was a major development as up till adoption by a non-Hindu was guided by
the Guardians and the Wards Act, 1890
The main strengths of this Act are:
- Any Indian citizen can adopt a child who is legally free for adoption;
- The adoptee gets the same rights that a biological child might;
- The religion of the adoptive parent is not relevant;
- Single people can adopt;
- The adoption is irrevocable;
- Some time limits have been set to ensure that children are considered
legally free for adoption earlier; and
- The thrust is on the best interest of the child.
In Shabnam Hashmi v Union of India and Others(6), the question came up regarding
the right of Muslim's to adopt. The Court took a liberal view and awarded
adoptive rights to Muslims under the J. J. Act. It upheld the status of J. J.
Act as a secular law of adoption in India and granted the right to adoption
across all religious communities in India, irrespective of what their personal
laws said. However, the Court rejected the stance that the right to adoption was
a right envisaged under the right to life of Art. 21. The court stressed that it
is for Parliament to meet the constitutional obligations of Article 44, that it
is for future generations to craft a UCC once there is "a dissipation of
conflicting thought processes� prevailing in the country".
In the case of In Re Rasiklal Chhaganlal Mehta Vs State(7), the issue of
transnational adoption was first discussed by the court, which held that
adoption under Section 9 (4) of the Hindu Adoption and Maintenance Act, 1956,
inter-country adoption is legally valid.
In the case of Laxmi Kant Pandey v. Union of India(8), the Apex Court formed
some guidelines which were to govern international adoption. Setting up of a
Central Regulatory Body was suggested and in pursuance of the suggestion,
Central Adoption Resource Agency (CARA) was set up in 1989. The agency plays a
pivotal role in laying down both substantive law and procedural law on
intra-country and inter-country adoption. In India, there is no separate act
that governs adoption by foreign citizens or NRIs but it is covered under
Guidelines Governing Adoption of Children, 2015. Under these guidelines misuse
or illegal use of the children through adoption is prevented.
As per the Supreme
Court Guidelines for intercountry adoption a foreign parent can adopt an Indian
child before he/she completes the age of 3 years. In the absence of any concrete
Act on intercountry adoption, the provisions of Guardians and Wards Act, 1890
will be followed for adoption. In case of adoption of abandoned, abused and
surrendered children all intercountry adoptions shall be done only as per the
provisions THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 and
the adoption regulations framed by the Authority. Section 57 of this Act deals
with eligibility of prospective adoptive parents. The prospective parents should
be mentally sound, physically fit and they should be fully prepared to adopt the
child and also should be ready to provide a good upbringing.
- In the case of married couples both spouses consent is required.
- A single male is not eligible to adopt a girl child.
- No child shall be given to any couple until they have at least two years
of stable martial relationships.
- The minimum age difference between the adoptive child and the parents
should not be less than twenty five years.
- Couples who have three or more children shall not be allowed for
adoption except in special need as mentioned in regulation 2(12) of AR,
HAGUE CONVENTION ON INTER COUNTRY ADOPTION,1993
The Hague Convention on the Protection of Children and Co-operation in Respect
of Intercountry Adoption (Convention) is an international agreement to safeguard
intercountry adoptions. Concluded on May 29, 1993 in The Hague, the Netherlands
and it was approved by 66 nations , the Convention established international
standards of practices for intercountry adoptions. It built directly on the UN
Convention on the Rights of the Child, seeking to protect all parties to
international adoptions and to prevent international traffic in children. The
United States signed the Convention in 1994, and it was passed by Congress in
The Hague Convention lays down two principles, both towards the protection of
the children who are the subject of international adoption;
- Establishing safeguards to ensure that transnational adoption is in the
best interest of the child.
- To establish a system of cooperation between the contacting states to
ensure that the safeguards are respected.
Some important articles are;
CHAPTER I�SCOPE OF THE CONVENTION
The objects of the present Convention are�
a) to establish safeguards to ensure that intercountry adoptions take place in
the best interests of the child and with respect for his or her fundamental
rights as recognized in international law;
b) to establish a system of co-operation amongst Contracting States to ensure
that those safeguards are respected and thereby prevent the abduction, the sale
of, or traffic in children;
c) to secure the recognition in Contracting States of adoptions made in
accordance with the Convention.
(1) The Convention shall apply where a child habitually resident in one
Contracting State ("the State of origin") has been, is being, or is to be moved
to another Contracting State ("the receiving State") either after his or her
adoption in the State of origin by spouses or a person habitually resident in
the receiving State, or for the purposes of such an adoption in the receiving
State or in the State of origin.
(2) The Convention covers only adoptions which create a permanent parent-child
CHAPTER II�REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
An adoption within the scope of the Convention shall take place only if the
competent authorities of the State of origin�
a) have established that the child is adoptable;
b) have determined, after possibilities for placement of the child within the
State of origin have been given due consideration, that an intercountry adoption
is in the child's best interests;
c) have ensured that
(1) the persons, institutions and authorities whose consent is necessary for
adoption, have been counselled as may be necessary and duly informed of the
effects of their consent, in particular whether or not an adoption will result
in the termination of the legal relationship between the child and his or her
family of origin,
(2) such persons, institutions and authorities have given their consent freely,
in the required legal form, and expressed or evidenced in writing,
(3) the consents have not been induced by payment or compensation of any kind
and have not been withdrawn, and
(4) the consent of the mother, where required, has been given only after the
birth of the child; and
d) have ensured, having regard to the age and degree of maturity of the child,
(1) he or she has been counselled and duly informed of the effects of the
adoption and of his or her consent to the adoption, where such consent is
(2) consideration has been given to the child's wishes and opinions,
(3) the child's consent to the adoption, where such consent is required, has
been given freely, in the required legal form, and expressed or evidenced in
(4) such consent has not been induced by payment or compensation of any kind.
An adoption within the scope of the Convention shall take place only if the
competent authorities of the receiving State�
a) have determined that the prospective adoptive parents are eligible and suited
b) have ensured that the prospective adoptive parents have been counselled as
may be necessary; and
c) have determined that the child is or will be authorized to enter and reside
permanently in that State.
CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)
CARA is an autonomous body which has been set up under the Ministry of Women and
Child Development and looks after matters of intra-country and inter-country
adoption. CARA Guidelines state that any foreign couple who wants to adopt a
child from India must be sponsored by a child welfare agency or a social agency
which is recognized by the government of the country in which the foreign couple
As per CARA Guidelines, only Below type of children is recognized as adoptable;
● Those children who have been surrendered and abandoned
● Those who are orphans and are under the care of some specialized adoption
The Central Adoption Resource Authority (CARA) of India is vested with the
responsibility to oversee all adoption in India and issues certain guidelines to
facilitate the process of adoption uniformly throughout the country and to
relieve prospective adoptive parents (PAPs) from having to go through tiring
procedures at different adoption agencies . The agency issues certain guidelines
that are adhered to whenever an adoption takes place. Under this system, PAPs
apply for adoption by uploading their details and wishes and a child free for
adoption is allocated to them through governmental channels. Some guidelines
issued by the agency are as follows :
● Clear and transparent procedure for registration of resident Indians and
provision for uploading required documents online.
● PAPs have an option to select an adoption agency of their choice for
conducting Home Study Report (HSR) and preferred State also.
● Home study Report of PAPs can be prepared by the State Adoption Resource
Authority (SARA) or District Child Protection Unit (DCPU) empanelled social
● Seniority of PAPs would be maintained from the date of registration.
● The maximum combined age for married couples has been increased from 105 years
to 110 years to encourage adoption of older children.
● Minimum 25 years age gap between the child and adoptive parents has been
● More clarity in adoption of special needs children, older children and
siblings. Older children and siblings would no more be considered as special
● All Specialised Adoption Agencies (SAAs) would be authorised to do In-country
& Inter-country adoption.
● Inter-state adoptions made simpler to boost adoptions within the country; No
permission of State Adoption Resource Agency (SARA) is required for domestic
adoption from another State.
● NRIs would be treated at par with resident Indians in terms of priority
regarding referral of a child.
● Greater clarity in the process and documentation for Overseas Citizens of
India (OCI) and Foreign PAPs living in India.
● Adoption expenses for different categories of PAPs prescribed.
● Authorised Foreign Adoption Agency (AFAA) would have a provision of renewal
after a period of five years.
● All adoptions (in-country or inter-country) to proceed on Central Adoption
Resource Information Guidance System (CARINGS), adoption outside CARINGS is
The CARA Guidelines and the new adoption process is being developed to bring
about effective regulation for adoption of orphan, abandoned and surrendered
children and more transparency and efficiency in the adoption system .
Eligibility of the child to get adopted under CARA
- The child must be legally free of adoption.
- Two unrelated children cannot be proposed to a foreign family at a time.
- A child can be placed in adoption before it reaches the age of 12.
- The child consent has to be obtained wherever applicable.
TYPES OF ADOPTION
The different types of Adoption can be summarized as follows:
- Adoption through an Agency
- Adopting Independently
- Adopting through Identification
- International Adoption
- Adoption as Stepparent
Other forms of adoption practiced in other climes include:
- Same-sex adoption
- Adult adoption
- Relative adoption
ADOPTION PROCESS IN INDIA
- Step 1: Registration-Firstly the adoptive parents have to register their
names with an authorized agency. The parents can visit the agencies nearer
to their area to register themselves where a social worker will explain in
detail about all the necessary documents , paperwork which are required.
- Step 2: Home study and counselling-In this the members of the
organization or the agency will visit the house of the adoptive parents to
do a home study . And sometimes the agency might also ask the parents to
attend the counselling session in order to understand the strengths,
weakness of the parents. According to CARA, the home study need to be
completed within 3 months from the day which the parents registered.
- Step 3: Referral of the child -The agency shall inform the parents about
the child when ready for adoption. The organization shall share all
necessary information like about the child's medical reports and all to the
parents and also allow them to spend time with the child to create a bond
- Step 4: Acceptance of the child-Once the parents are comfortable after
all the procedures then they have to sign few documents related to it.
- Step 5: Filing of petition-All the important relevant documents are
submitted to the lawyer who then prepares a petition to be presented in
court. Once it is all ready then the lawyer informs the parents and they
come to sign the petition in front of the officer.
- Step 6: Pre-adoption foster care -Once the petition is signed in the
court then the parents can take the child to the pre-adoption centre for
understanding properly the habits of the child from the staff.
- Step 7: Court hearing-The parents have to attend the hearing in court
which takes place between the judge and the parents. The judge inquires and
ask questions to the parents and mentions the amount that has to be invested
in the name of the child.
- Step 8: Court orders-Once the receipt of investment is made shown then
the judge finally passes the adoption orders to the parents.
List of documents required for adoption
The following documents are required for the procedure of adoption:
- Proof of identity (voter id card, pan card, driving license, passport);
- Proof of address indicating residence in India exceeding 365 days;
- Certificate of marriage;
- Three photographs of recent of the adoptive family;
- Two letters of recommendation from persons who know the family well.
Such type of recommendations should not be from immediate spouses;
- Written consent of adoptive/ biological child and if they are above 7
years of age.
STAKEHOLDERS IN ADOPTION PROCESS
- Child Adoption Resource Authority (CARA): The purpose of CARA is to
ensure the smoothness in the child adoption process by slating guidelines,
procedures and processes to be adopted by different stakeholders in the
- State Adoption Resource Agency (SARA): the State Adoption Resource
Agency serves as an umpire in the state to promote and oversee adoption in
conjunction with CARA.
- Specialized Adoption Agency: this agency is recognized by the government
of the states to see to the successful placement of adopted children.
- Authorized Foreign Adoption Agency (AFAA): this agency works in
coordination with the Central Adoption Resource Authority for coordinating
all issues relating to the adoption of an Indian child by a citizen of
- District Child Protection Unit: The District Child Protection Unit (DCPU)
is a unit established by the state government to identify orphans,
surrendered and abandoned children in the states and initiate the process of
declaring them legally qualified for adoption.
LIST OF TOP ADOPTION INSTITUTIONS IN INDIA
- Children of the world India Trust: established in 1982 and operates from
- Delhi Council of Child Welfare (DCCW): an NGO founded in 1952.
- Indian Association of Promotion of Adoption (IAPA): located in Mumbai
and active since 1971
- World Child Welfare Trust India (WWTI): stations in Mumbai and
established in 1984
- Family Service Centre (FSC): established in 1955 with headquarters in
- Vathsalya Charitable Trust: located in Bangalore, been active since
- The catalyst for Social Action (CSA): located in Mumbai and inaugurated
- Asansol Burdwan Seva Kendra (ABSK): located in Bengal, established in
- Indian Society for Rehabilitation of Children (ISRC): located in Kolkota
- Uttar Pradesh Council for Child Welfare (UPCCW): it works for education,
development, and health of needy children and facilitates their adoption.
CASES RELATED TO ADOPTION
Ankush Narayan v. Janabai(9)
Court held that on adoption by a widow, the adopted son becomes the son of the
deceased adoptive father and the position under the old Hindu law as regards
ties in the adoptive family is not changed.
Gurdas v. Rasaranjan(10)
Adoption is made when the actual giving and taking had taken place and not when
the religious ceremony is performed like Datta Homam. For a valid adoption, it
would be necessary to bring on records that there has been an actual giving and
Shrimati Asoka Mukherjee Vs. Gandhi Das and Anr(11)
Held in absence of evidence of giving and taking ceremony adoption of the
defendant not proved. It has not been proved that the defendant No. 1 was
actually given and taken in adoption by Kalipada and Sabitri Bala. The persons
present at the time of adoption did not come forward to depose. Court also said
it has been proved that the plaintiff is the owner of the suit premises and the
defendant No. 1 has no right, title and interest in respect of suit premises as
a tenant inasmuch as his claim that he was the adopted son of Kalipada and
Sabitri Bala has not been proved.
Darshana Gupta Vs. None and Ors(12)
Held, When the child to be adopted is orphaned, abandoned or surrendered child
or a child in need of care and protection as defined in Juvenile Justice Act,
the bar imposed by Section 11 (i) and (ii) of Hindu Adoption and Maintenance Act
does not bar the Hindu having biological child from adopting the child of same
gender. In changed social scenario, Acts were liable to be construed
harmoniously to ensure rehabilitation and social reintegration of orphaned,
abandoned and surrendered children - Therefore, adoption of child girl to
Appellant was held maintainable
The adoption laws have improved tremendously but lack of uniform code many
childless parents are not able to adopt a child. Adoption is a noble cause,
which brings happiness to kids, who were abandoned, or orphaned. This gives a
chance for the humane side of civilization to shine through. It's a beneficial
program where the child is treated as the natural born child and given all the
love, care and attention. At the same time, it fills the void in the parents who
yearned for kids, their laughter and mischief echoing off the walls of a home.
Although a few changes could be made to make all the laws regarding adoption a
little, uniform..Adoption is a noble cause, which brings happiness to kids, who
were abandoned, or orphaned. This gives a chance for the humane side of
civilization to shine through. Adoption once validly made is final and cannot be
revoked. The law has further made an express prohibition against the payment of
money or other reward in consideration of adoption.
Adoption has come to stay in India and should be encouraged by the larger
population due to the number of unwanted children that abound in the
country.Many agencies have observed a growing penchant for the female child
among adoptive parents. It is seen that adoption is one means that can be used
to fight female infanticide and feticide issues in India.The best that can
happen to any child is to have a better love, care, and protection which he
Written By: M.Haritha
- AIR 2007 Cal 4
- (1915) 17 BOMCR 527
- 167 AIR 1761
- (1886) ILR 8 ALL 234
- S.A.NO.375 OF 1992
- WRIT PETITION(CIVIL) NO 470 OF 2005
- SPECIAL CIVIL APP 2489 OF 1890
- 1984 AIR 469
- AIR 1966 Bom 174
- AIR 2006 SC 3275
- (2002) 3 CAL LT 307 (HC)
- AIR 2015 Raj 105