“Adoption Regulations and Laws in India 2022”
The government made it easier to adopt a child. Model rules are being drafted by the Ministry of Women and Child Development to make it easier for foreign citizens to adopt children from India. It is also tightening up background checks for child protection workers and increasing oversight of daycare facilities.
States have been asked to make recommendations on the changes made to the Juvenile Justice (Care and Protection of Children) Act, 2015. The Parliament enacted an amendment bill to the Juvenile Justice Act that allows district magistrates and additional district magistrates to make adoption orders, a power that was previously reserved for judges only.
Officials indicated that anyone who wish to start childcare facilities will be subjected to background checks, as well as a mandatory security check for those who are already running them to guarantee that no one has a criminal record.
New regulations in inter-country adoptions
Under the Hindu Adoptions and Maintenance Act (HAMA), the central government has issued laws to make inter-country adoptions easier. Families adopting under the Act can get a no-objection certificate from the government’s nodal adoption organisation, the Central Adoption Resource Authority (CARA), to transport the child abroad, according to the Adoption (Amendment) Regulations 2021.
Until now, only a judge could issue a NOC. CARA has no restrictions for inter-country adoptions under HAMA, which encompasses Hindus, Sikhs, Buddhists, and Jains, until recently. The Act governs the laws for adopting children, granting an adopted child all of the same rights as a biological child.
CARA will issue a no-objection certificate for Hague-ratified countries, according to a statement released by the Women and Child Development Ministry. The Hague Convention for the Protection of Children and Cooperation is an international treaty regarding inter-country adoptions that India has signed and ratified.
A verification certificate from the district magistrate of the particular region in the country would be used by CARA to grant the NOC. In the case of inter-country adoptions involving countries outside the Hague Adoption Convention, CARA will seek a letter of acceptance from the receiving country’s relevant government department before issuing the final support letter.
The laws are being implemented because there were numerous difficulties under HAMA when it came to relocating an adopted child to another country.
Laws in India
In India, the adoption process is mostly governed by two primary statutes:
The Hindu Adoption and Maintenance Act of 1956 (hereafter called HAMA)
The Juvenile Justice (Care and Protection of Children) Act of 2015 (hereafter call JJ Act)
When adopting a child, it is critical to keep the following fundamental ideas in mind:
The best interests of the child must take precedence.
The placement of the child within Indian parents and in his socio-cultural surroundings would be prioritised.
According to the Adoption Rules, the following minor children are eligible for adoption:
If he/she is an orphan, abandoned, or surrendered child, the Child Welfare Committee has proclaimed him or her legally free for adoption.
Is a relative’s child.
Is a stepparent’s child or children from a previous marriage who has been abandoned by the biological parent(s) for adoption by the stepparent.
The Regulation includes a detailed table to ensure that the adoption is genuine. The child of any of the prospective parents must be at least twenty-five years apart in age.
HAMA-required provisions for adoption:
For a Hindu male to adopt, the following conditions must be met, according to Section 7:
He must be a major.
He must be in sound mental health.
Except in the following circumstances, the wife’s consent must be obtained:
She is dead.
She is no longer Hindu or Buddhist.
She has completely renounced the world.
A court of competent jurisdiction has ruled that she is mentally ill.
If the person has more than one wife, he must obtain the approval of all of them.
Section 8 deals with the capacity of female Hindus to adopt, and the following conditions must be met:
She must be a major.
She needs to be of sound mind.
She is not married, except:
Her marriage has either ended or been annulled.
Her husband has died.
Her husband has completely renounced the world.
Her husband is no longer a Hindu.
Her husband has been pronounced mentally ill by a competent court.
Provisions of the JJ Act:
The JJ Act allows a single parent or even a couple to adopt a child who is orphaned, abandoned or surrendered. When compared to HAMA, the JJ Act has a broader scope. Prospective parents must meet the following conditions, according to the Adoption Regulation:
Parents must be majors who are physically, psychologically, and emotionally stable, as well as financially capable and free of life-threatening medical conditions.
Any prospective adoptive parent, regardless of marital status or whether or not he has a biological child, can adopt if the following conditions are met:
In the event of a married couple, both spouses’ permission to the adoption is essential.
Adopting a child of either gender is possible for a single woman.
A single man is not eligible to adopt a girl child.
A couple cannot adopt a child unless they have been married for at least two years and have a healthy marital relationship.
Procedure to follow when adopting a child in India
1. Adoptive parents must register with the Recognised Indian Placement Agencies (RIPA) and the Special Adoption Agency (SPA).
2. Following registration, the Agency will perform a home study and counselling of prospective parents within three months. The report has been filed in court.
3. When the child is ready for adoption, the agency will contact the parents. The adoptive parents will be provided all of the child’s medical and physical examination reports.
4. After the parents have agreed, the child will be handed over to them after the documents have been filed.
5. The parents should seek legal advice and deliver all the documents to the court for final approval. When this is done, the child becomes the legal child of the parents.
6. The court will do a follow-up to ensure the child’s proper well-being.
The need for child adoption in India is still great, but the legal framework governing who can adopt and who can be adopted – as well as the legal process – must be followed to avoid the adoption becoming illegal. Adoption is a life-changing event for both the adoptive parents and the adopted child and adoptions made without regard for the applicable legal framework may result in severe emotional and legal difficulties in the future. As a result, prospective adoptive parents are encouraged to pursue adoption while adhering to the legal framework, which includes the eligibility criteria.
India has 29.6 million orphaned and abandoned children, according to the United Nations Children’s Fund (UNICEF). When comparing the HAMA and JJ Acts, the adoption procedure differs significantly. Despite the fact that the principle of a Uniform Civil Code is enshrined in the Constitution, it has yet to be implemented. When it comes to adoption regulations, a uniform procedure is required because it is a life-changing event for so many children who would otherwise have been abandoned.
Sources:
1. https://www.india.com/explainer/want-to-adopt-a-child-in-india-check-rules-process-and-laws-here-5303569/
2. https://blog.finology.in/Legal-news/child-adoption-india
3. https://vikaspedia.in/social-welfare/women-and-child-development/child-development-1/child-adoption/overview-of-child-adoption-process-in-india