2. DEFINITION
Adoption is defined as, “To take voluntarily a child of other
parents as one’s own child especially in compliance with
formal legal procedures”. (Marriam websters)
OR
Adoption means the process through which the adopted child is
permanently separated from his biological parent and become
legitimate child of his adoptive parents with all right reserved
and responsibilities that are attached to them.
3. ELIGIBILTY TO ADOPT A CHILD
1) Any male or female Hindu including Sikh, Jain, Buddhist ,
who is of sound mind and, not a minor and is eligible to adopt
a son , a daughter.
But if he have living spouse, require consent while adopting,
or declared incompetent to give consent by court.
Where there is adoption of daughter by a male then the
adoptive father should be at least 21 years older then the child.
Where there is adoption of son by a male then the adoptive
mother should be at least 21 years older then the child.
(Hindu adoption & maintenance Act 1956)
2) Personal laws for Muslims, Christian, Parsis , Jews, they
recognize as guardians under Guardians and wards act 1890.
And after child turns 21years treated as personal identity.
(Guardian and Wards Act, 1890)
4. ADOPTION OF ORPHAN, SURRENDERD,
ABONDONED CHILDREN
• Juvenile Justice Act 2015, Deals with adoption of
orphan, surrended , abondoned children.
• No separate acts deals with adoption by foreigners and NRI’s but
it is covered under guidelines Goverining adoption of childrens,
2015
INTER COUNTARY ADOPTION
5. PROCEDURE FOR A VALID
ADOPTION
1) UNDER HINDU ADOPTION AND MAINTENANCE ACT 1956,
• Willing party make application to Child Welfare Agency.
• Registration can be done either an Adoption coordinating
Agency (ACA) found in each state’s capital city or agency
certified by Central Adoption Resource Authority ( CARA)
• After this agency conduct the preliminary interview of the
adopting couple inorder to understands their intension and
motivation behind adoption.
• Once party decide which child is going to be adopt, a petition
filed in court, where court hearing take place regarding
adoption.
• And finally on court orders adoption finalized.
6. 2) UNDER GUARDIAN SHIP AND WARD Act 1890-
The party seeking guardianship has to file application in court
, hearing occur about intension of adoption, and court
finalizes the decision.
7. ADOPTION FACTS
There is directive that adoption proceeding have
been completed within 2 hearings, and petition has
to be disposed of within two month of filing
petition.
The certified copy of the order has to be obtained by
the agency within 10 days.
The agency must also obtain the birth certificate of
child, with the names of the adoptive parents.
8. AGE OF ADOPTED CHILDREN
Acc. To Hindu Adoption and Maintenance Act 1956,
Child who has completed 15 years shall not be given
Acc. To Guardian and ward Act, 1890
Child who has completed 18 years shall not be given
9. SPECIAL ASPECTS OF ADOPTION
• Adoptive parents allowed to ask specifications
about child preference such as gender, colour,
religion, health condition, special feature.
• Minimum income according to CARA is 3000
avrage monthly , own house, and other assets
may be considered.