What is the process for adoption in India?

Adoption is a growing trend in India, allowing parents to adopt a child even if they are not married. The legal framework has evolved over time, making it more accessible and inclusive for prospective adoptive parents. Eligibility criteria for adoption include health and financial stability, and the court recognizes that a child can have a suitable family beyond the ideal of having biological parents. Understanding the process and eligibility criteria is essential for adoptive parents.

The adoption process in India aims to create a loving, stable environment for the child – regardless of blood relations. Here’s a very basic overview:

1. PAPs must register online through CARINGS. They must also pay a non-refundable Rs. fee. 5,000/.
2.• Once the PAPs accept a child, the SAA will refer the child to pre-adoption foster care.
3. The AFAA can contact the PAPs and the child. They will update the dossier to keep the child linked with the adoptive family.
4 .The court must file the petition within 2 days of the report from medical authorities. They must also file it within 15 days of accepting the child.
5. Post-Adoption Follow-Up: SAA will follow up every three months for the first year. Then, they will follow up every six months for the second year.
6.Parents must prepare for the demands of parenthood. The Juvenile Justice (Care and Protection of Children) Act requires this.

Can my partner adopt my child if we are not married?

The rules around adoption have advanced in India to accommodate various family forms. Here’s what you should know:

Unmarried Couples:

It used to be that the Central Adoption Resource Authority (CARA) mandated that couples must be married to adopt. CARA recently did away with this requirement. As such, an unmarried couple — which includes a live-in couple — may adopt if it is deemed, they can provide a nurturing environment. Decisions are made on a per-case basis.

So long as the following are met, the unmarried couple can adopt:

“The applicants should have a stable marriage and a sustained marital relationship. If they are unmarried, then those having a stable family support to their partner should also be considered.” The couple needs to be physically, mentally, and financially stable to rear a child. There should be no significant criminal record.

Same-Sex Couples:

While recent changes benefit unmarried, straight couples; the question of same-sex parents having joint custody remains.

What are the eligibility criteria for adoption in India?

The eligibility criteria for adoption in India are as follows:

Age and Marital Status:

1. Indian Citizens: You must be between 25 and 55 years old.
2. Non-Indians: You are eligible if you’ve lived in India for at least 2 years.
3. Married Couples: Must have been married for at least two years.
4. Single Men and Women: Both can adopt.
5. Single Male Adopting a Girl Child: Not eligible.
6. Couples with Three or More Kids: Generally not considered for adoption, except in the case of special-needs children.

Health and Stability:

1. Prospective adoptive parents (PAPs) should be physically, psychologically, and emotionally stable.
2. They should not have any life-threatening medical conditions.

Financial Capability:

1. PAPs should be financially capable of providing for the child’s needs.

Consent:

1. Both spouses in a married couple must consent to the adoption.

Habitual Residence:

The ordinary residence of a person for at least one year is considered their habitual residence.
Do remember that adoption is a significant responsibility, and these criteria exist to ensure the well-being of the child. If you meet these requirements, you can explore your next steps in the adoption process through the Child Adoption Resource Information and Guidance System.

What are the eligibility criteria for adoption in India?

The OIA explains that the length and details of the adoption process will differ from agency to agency, but typically most families adopting from India have their adoption process take anywhere from two to four years.

The OIA breaks the process down as follows:

A. Eligibility and Registration

Prospective Adoptive Parents (PAPs) have to first register online with the Child Adoption Resource Information and Guidance System (CARINGS). This involves filling out an application form and uploading the relevant documentation.

B. Referral and Acceptance

CARINGS completes the registration of PAPs and a Specialized Adoption Agency (SAA) worker from the child’s region will typically complete the referral process on CARINGS. Once the child has been accepted by the PAPs, the SAA worker will complete the process. The child is then placed in the Pre-adoption Foster Care of the PAPs from the date of acceptance till the time the Adoption is completed. The child is moved from SAA to PAP’s Boarding Home.

C. Court Petition and Order

The SAA then files a petition in court for the adoption of the child. If everything is in order, the court will issue an order in favor of the adoptive parents. This order will grant legal guardianship to the PAPs, and in turn, the CARA will then issue a NOC for the Child’s Visa

D. Post-adoption Follow Up

A follow-up report would be conducted for two years after the adoption with at least two visits to the home of the adoptive parents. Be advised to remember that “each case is unique and the timelines for adopting a child from India can vary, influencing the length of the adoption process,” says the OIA. “”Age and availability of children, as well as legal procedures, can affect the time frame.” Stay informed and patient.

Can I adopt the child if I am single?

Yes, single individuals can adopt a child in India as well.

Single Women: A single female can adopt a child of any gender.
Single Men: While single men are eligible to adopt, they are not eligible to adopt a girl child.
Age and Stability: As a single prospective adoptive parent (PAP), you must be physically, mentally, and emotionally stable. There is no specific age limit for single parents; however, ideally, they should not be more than 55 years old.

Conclusion:

Adoption rules in India have evolved to accommodate diverse family structures. Unmarried couples, including live-in partners, are now eligible to adopt children. The Central Adoption Resource Authority (CARA) no longer mandates marriage as a prerequisite. Instead, we make decisions on a case-by-case basis. They consider factors. These include stability, ability to nurture, and lack of major crimes. These changes help unmarried straight couples. But, joint custody for gay parents is still unresolved.

FAQs on Can my partner adopt my child if we are not married?

1. Q: Can unmarried couples adopt a child in India?

A: Yes, unmarried couples, including live-in partners, are now eligible to adopt children. The Central Adoption Resource Authority (CARA) no longer mandates marriage as a prerequisite. Decisions are made on a case-by-case basis, considering factors such as stability, nurturing capacity, and absence of significant criminal records.

2. Q: What criteria must unmarried couples meet to adopt?

A: Unmarried couples need to demonstrate a stable relationship and the ability to provide a nurturing environment for the child. They should be physically, mentally, and financially stable. Having no significant criminal record is also essential.

3. Q: Are same-sex couples allowed to adopt jointly?

A: While recent changes benefit heterosexual unmarried couples, the issue of joint custody for same-sex parents remains unresolved. The legal framework is still evolving in this regard.

4. Q: What role does stability play in adoption decisions?

A: Stability—both in the relationship and personal circumstances—is crucial. The applicants should have a sustained marital relationship or stable family support if unmarried. Financial stability and a nurturing environment are essential for raising a child.