Adoption Laws in India: Legal Procedures and Rights

Adoption is a legal
process that allows an individual or a couple to take on the parental rights
and responsibilities of a child who is not biologically theirs. In India,
adoption is primarily regulated by two major laws: The Hindu Adoption and
Maintenance Act, 1956 (HAMA) and The Juvenile Justice (Care and Protection of
Children) Act, 2015 (JJ Act). These laws ensure that adopted children receive
the same legal status and rights as biological children.

The concept of
adoption has deep roots in Indian society, and legal adoption provides a
structured approach to protect children’s welfare. These laws also safeguard
the rights of adoptive parents while ensuring that children find a secure and
loving home.

Laws Governing
Adoption in India

Adoption in India is
governed by two key legislations:

1. The Hindu Adoption and Maintenance Act, 1956 (HAMA)[1]: This law
   applies to Hindus, Buddhists, Jains, and Sikhs. It permits both single and
   married individuals to adopt, subject to specific conditions.
2. The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ
   Act)[2]: This law is
   applicable to all Indian citizens, regardless of religion, and lays down
   guidelines for adopting orphaned, abandoned, or surrendered children.

Eligibility Criteria
for Adoption

The eligibility to
adopt a child depends on the respective law governing the process:

Under HAMA:

• The adoptive parent must belong to the Hindu, Buddhist, Jain, or
  Sikh communities.
• A male adopting a female child must be at least 21 years older than
  the child.
• A female adopting a male child must be at least 21 years older than
  the child.
• Married couples must obtain the consent of both spouses for
  adoption.
• Unmarried Hindu men and women can adopt under certain conditions.

Under JJ Act:

• Any Indian citizen, irrespective of religion, can adopt.
• The adoptive parent must be at least 25 years old and at least 21
  years older than the child.
• Single individuals and married couples can adopt, provided they meet
  specific conditions.
• A couple must have been married for at least two years before
  adopting a child.

Legal Process of
Adoption in India

The adoption process
in India involves several legal steps to ensure compliance with the law and the
welfare of the child:

1. Registration with CARA: The Central Adoption Resource
   Authority (CARA) is responsible for regulating adoptions. Prospective
   adoptive parents (PAPs) must register on the CARA portal and submit the
   necessary documents.
2. Home Study Report: A licensed adoption agency
   conducts a home study to assess the financial, emotional, and social
   readiness of prospective parents.
3. Matching Process: After approval of the home
   study, adoption agencies present profiles of children available for
   adoption. Parents can choose a child based on compatibility and
   suitability.
4. Pre-Adoption Foster Care: Before the final adoption order,
   the child is placed in pre-adoption foster care to help both the child and
   parents adapt.
5. Legal Adoption Order: Once the fostering period is
   successful, adoptive parents must approach the competent court to obtain a
   final adoption order, granting legal recognition to the adoption.
6. Issuance of Birth Certificate: Following the adoption order, a
   new birth certificate is issued, listing the adoptive parents as the legal
   guardians.

Rights of Adopted
Children

Adopted children are
entitled to the same legal rights as biological children, which include:

• Right to inheritance: Adopted children have the same
  inheritance rights as biological children.
• Right to name and identity: A new birth certificate is
  issued with the adoptive parents’ names.
• Right to protection and welfare: Adopted children are entitled to
  a safe and nurturing environment.
• Right to family and support: They enjoy the same familial
  rights as biological children.

Challenges in
Adoption in India

Despite structured
laws, adoption in India faces several challenges:

1. Lengthy Process: Legal procedures can take months or even years due to bureaucratic
   delays.
2. Social Stigma: Adoption, particularly of girl children, still faces resistance in
   some communities.
3. Preference for Infant Boys: Many adoptive parents prefer
   male infants, leading to fewer adoptions of older children and girls.
4. Lack of Awareness: Many prospective parents are
   unaware of adoption laws and procedures.
5. Stringent Eligibility Criteria: Some individuals face
   difficulties due to strict adoption eligibility norms.

Landmark Adoption
Cases in India

Several landmark
cases have shaped adoption laws in India:

1. Laxmi Kant Pandey v. Union of India (1984)[3]: This case led
   to the establishment of strict adoption guidelines to prevent child
   trafficking and ensure child welfare.
2. Shabnam Hashmi v. Union of India (2014)[4]: The Supreme
   Court ruled that all Indians, regardless of religion, could adopt under
   the JJ Act, ensuring equal adoption rights.
3. Anokha v. State of Rajasthan (2004)[5]: This case
   reinforced the inheritance rights of adoptive children, affirming their
   equal legal status.

International
Adoption in India

Foreign nationals
and Non-Resident Indians (NRIs) looking to adopt an Indian child must adhere to
the Inter-Country Adoption Guidelines set by CARA[6].
The process involves:

• Registration with an authorized foreign adoption agency.
• Home study by a certified social worker.
• Approval from CARA and a court order in India.
• Post-adoption follow-up reports to ensure the child’s well-being.

Ways to Improve
Adoption in India

To enhance the
adoption process, the following measures can be implemented:

1. Streamlining the Adoption Process: Reducing bureaucratic delays to
   make adoption quicker.
2. Awareness Campaigns: Educating people about adoption
   laws and their benefits.
3. Encouraging Adoption of Older Children and Girls: Addressing biases
   to ensure more children find families.
4. Better Support for Adoptive Families: Providing post-adoption
   counseling and legal assistance.
5. Stronger Monitoring and Regulations: Ensuring that adoption agencies
   follow ethical practices.

Conclusion

Adoption is a
compassionate and legally structured means to provide a loving home to children
in need while fulfilling the dreams of families looking to raise a child. The
Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice Act, 2015,
offer a strong legal framework for adoption in India. While challenges persist,
raising awareness, refining legal procedures, and fostering a positive outlook
toward adoption can contribute to a more inclusive and child-friendly society.
Adoption is more than just giving a child a home—it is about providing love,
security, and a promising future.

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 [1] The Hindu Adoptions
and Maintenance Act, 1956, No. 78, Acts of Parliament, 1956 (India). https://saslawchambers.com.