Want to adopt a child? Know these legal adoption guidelines
Article By- Rani Barman
There are no unwanted children but unfound families
Children are the best creation of God in the world. Every child has the right to life, grow and enjoy the golden days of human life. But unfortunately there are so many children who are deprived from their basic rights due to various reasons without having any fault.
But ‘there are no unwanted children but unfound families‘. If there are deprived children, there are also so many people who are crazy to have a child. They can adopt a child and start a family that adds a new meaning to their life. All they need is to remove their misconception regarding adoption and forward a step towards the process.
When it comes to adoption there are some legal guidelines which should be followed by the prospective adoptive parents, the legal guardian of the children, to stay safe from any future complexities.
ELIGIBILITY CRITERIA FOR PROSPECTIVE ADOPTIVE PARENTS
- The PAPS should be physically, mentally and emotionally stable, financial capable, motivated to adopt a child and should not have any life threatening medical condition
- Any PAPS irrespective of his marital status and whether or not he has his own biological son or daughter can adopt a child
- Single female is eligible to adopt a child of any gender.
- Single male person shall not be eligible to adopt a girl child.
- In case of a couple the consent of both spouses shall be required.
- No child shall be given for adoption to a couple unless they are in at least two years of stable marital relationship.
- The minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years.
- Couples with more than four children shall not be considered for adoption.
The Eligibility of prospective adoptive parents to apply for children different age group shall be as-
|Age Of The Child||Maximum composite age of PAPs||Maximum age of single parents|
|Upto 4 yrs||90 years||45 years|
|Above 4 to 8 years||100 years||50 years|
|Above 8 up to 18 years||110 years||55 years|
Registration and home study of the prospective adoptive parents (PAPs)
Every resident Indian adoptive parent who intends to adopt a child shall register online in Child Adoption resource information and guidance system (CARINGS) by login into www.cara.nic.in and uploading the relevant documents as prescribed in the guidelines.
The registration shall be confirmed to the prospective adoptive parents immediately on receipt of the completed application form and required documents on child Adoption Resource Information and guidance system.
After registration the home study report of the PAPs shall be prepared by the specialized adoption agency in (SAA) in the state. The home study report will remain valid for two years and the PAPs shall be declared eligible and suitable by the SAA based upon the home study report and supporting documents and in case, any prospective adoptive parents is not declared eligible or suitable, the reason for the same shall be recorded in Child Adoption Resource Information and guidance system.
The prospective adoptive parents can appeal against the decision of rejection to Central Adoption Resource Authority.
The appeal referred to sub-paragraph (9) shall be disposed off within fifteen days and the decision of CARA in this regard is binding.
Selection of a child by the prospective adoptive parents
The seniority of the prospective adoptive parents shall be from the date of registration in the child adoption resource information and guidance system. On the basis of the seniority, the prospective adoptive parents shall be given an opportunity to view the photographs, child study report up to six children, in their preference category if any, in one or more specialized adoption agencies through Child Adoption Resource Information and guidance system.
After viewing the photographs or other reports of the child or children the PAPS may reserve one child within a period of forty eight hours for possible adoption and the rest of the children would be released through Child Adoption Resource Information and Guidance System for other prospective adoptive parents in the waiting list.
Pre-adoption foster care
The child shall be taken in pre-adoption foster care by the prospective adoptive parents within ten days from the date of acceptance, after signing the pre-adoption foster care undertaking in the format provided in Schedule-7.
The specialized adoption agency shall file the adoption petition in the court, having jurisdiction over the place where the specialized adoption agency is located, within seven days from the date of acceptance by the prospective adoptive parents for obtaining the necessary adoption under the Act.
Follow up of progress of adopted child
The specialized Adoption Agency shall send report of the progress of the child along with photographs of the child to CARA, every six months.
In case the child is having adjustment problem with the adoptive parents, the specialized adoption agency shall arrange necessary counseling for such adoptive parents and the child and if such counseling efforts do not succeed, the specialized adoption agency shall make efforts for placing the child temporarily in alternative care.
Any non-resident Indian or foreign prospective adoptive parents, wishing to adopt an Indian child can approach the concerned authorized foreign adoption agency or the central Authority, as the case may be, for preparation of their home study report and for further necessary action.
In case, there is no authorized foreign adoption agency or Central Authority in their country of residence, then the prospective adoptive parents shall approach the concerned Government department or Indian diplomatic mission in that country for the purpose.
The authorized foreign adoption agency or central Authority or the concerned Government department or the Indian diplomatic mission, as the case may be, on completion of the home study report shall register the application of the prospective adoptive parents in Child Adoption Resource Information and Guidance system.
The home study report and other documents of the prospective adoptive parents are scrutinized at Central Adoption Resource Information and Guidance system in order to determine their eligibility and suitability. The Central Adoption Resource authority shall issue no objection certificate in favor of the proposed adoption in inter-country adoption.
Adoption expenses borne by Indian Parents or in cases where one of the couple is having Indian citizenship and the other is a foreign national and both are residing in India –
|Item||Amount of payment||Time and mode of payment|
|Home Study Report of the PAPS in India by the social worker||6000(inclusive of travel expenses)||To be paid by the PAPs to the specialized adoption agency or authorized social worker through demand draft or bank transfer prior to conduct of home study|
|CCC, Preparation of CSR, MER, Child care and maintenance, legal expenses and other administrative costs||Rs. 40,000||To be paid by the PAPs to the specialized adoption agency at the time of receiving the child in pre-adoption foster care through demand draft or bank transfer|
|Post-adoption follow-up visits and counseling (4 times within a period of two years)||Rs. 2,000||To be paid by the PAPs to the specialized adoption agency or authorized social worker.|
Adoption expenses borne by NRI/OCI/Foreign PAPs residing in a foreign country –
|Item||Amount of payment||Time and mode of payment|
|Home Study Report of the PAPS by the authorized social worker||As per the norms of the receiving country||To be paid by the PAPs to the AFAA/CA as per norms of the receiving country|
|CCC, Preparation of CSR, MER, Child care and maintenance, legal expenses and other administrative costs||5,000 US $||To be paid by the PAPs to the specialized adoption agency through the concerned AFAA/CA|
|Post-adoption follow-up visits and counseling (4 times within a period of two years)||As per the norms of the receiving country||To be paid by the PAPs to the AFAA/CA as per norms of the receiving country|
- Adopt only from Specialized Adoption Agencies (SAAs) recognized by state governments.
- Read the Guidelines Carefully on the website and follow procedures.
- Follow the steps for completing your registration.
- Please upload documents as per instructions.
- For adoption related charges, please refer Schedule-13 of the Guidelines Governing Adoption of Children (2015). Always make payment by cheque or draft and collect your receipt.
- Don’t approach any nursing home, hospital, maternity home, unauthorized institution or individual for adoption
- Don’t upload any incorrect document; else your registration will be cancelled.
- Don’t pay any additional adoption charges other than what is prescribed in CARA Guidelines
- Keep away from touts/middlemen. There is no middleman in Adoption. They will mislead you to adopt a child illegally.
- Through illegal adoption, you may unintentionally become a part of child trafficking network. Save yourself from legal ramifications.
Adoption is a noble task. By adopting one child you cannot change the whole world but can change one child’s whole world….
For more information you can visit CARA