Adoption Procedure
Adoption is as old as Hindu Religion. The oldest adoption in the Indian folklore is that of Lord Krishna by Nand Maharaj and Yashoda. Medically about 11% of married couples have difficulties in having biological children; Adoption has become the alternate way to complete a family.
How the children are available for adoption.
- Direct Relinquishment: In Direct Relinquishment, a parent / parents bring the child to the adoption agency and hand over the child by signing a relinquishment document on a stamp paper, citing their reasons to give up the child. The biological parents have two months time from the date of relinquishment to take the child back if they change their mind. If they do not do so within the prescribed period, then they have no further claim on the child, and the agency has the full right to place the child in adoption. The agency is not allowed to place the child with any family or transfer the child within this two months period.
- Abandoned Children: When a child is found abandoned and brought to the agency, they inform the concerned authorities i.e. the police, Child Welfare Committee (CWC), and after necessary inquiries, if nobody claims the child, the CWC declares the child free for adoption.
Eligibility criteria to adopt children
Married Couples: Married Couples leading a stable married life for more than three years are eligible to adopt. For adopting a child of less than 1 year of age, the combined age of the couple should be less than 90 and the elder should be less than 45. This is specified so that when the elder spouse reaches the retirement age, the child at least finishes the 10th standard.
Single, divorced or widowed ladies, who are in 30 to 45 year age bracket and are physically, mentally and financially capable to bring up a child, are also eligible but because of shortage of children, given last priority.
Procedures for adopting a child
It is always better to adopt a child through a recognized adoption agency so that the adoption is legal in all respects. This way everybody can refer back to the agency, if any need arises in connection with adoption/support/counseling and guidance in future.
To adopt a child, the couple should visit the nearest adoption agency and obtain an application form and pertinent information. They have to fill in the application form and submit with the following documents:
- Proof of age
- Proof of marriage
- Health certificate
- Proof of income
- Proof of assets
- Three reference letters
- Recent photographs
- Other documents asked by the agency
Once the couple submits the completed application, they have to undergo a Home study process, which is nothing but counseling cum investigation report conducted by a professionally qualified Social Worker (MSW). The couples have several doubts and questions about adoption. The agency also needs to know more about them, therefore two to three meetings are held between the couple and the Social Worker. Some of these meetings are conducted at the agency and the others at the house of the couple
On the basis of the documents, the meetings and the home visit, the social worker writes a report, which is called the Home Study Report. If everything is in order, the name of the couple is registered in the waiting parents’ list. As and when a suitable child becomes available, the agency calls the couple to see the child. They are also shown the child study report, which gives the available information on the child. Information about the biological parents of the child is not shared under any circumstances. The prospective parents have a choice to take the child to their doctor for a medical opinion. The couple is not permitted to carry out laboratory investigations, which have already been carried out by the organization.
The couple has the right to accept or reject the child. Once they approve the child, the child is placed in pre-adoptive foster care with the couple. The legal formalities may take 9 months to 2 years depending on how busy the court is. By pre-adoptive foster care arrangement the couple keeps the child at their home while the case is going on, but the child cannot leave the country till the case is completed.
Legal Aspects of Adoption
Hindus can adopt under The Hindu Adoption and Maintenance Act of 1956 (HAMA). Persons of all religions can now adopt abandoned or relinquished children under Juvenile Justice (Care and Protection of Children) Act, 2000 / 2006. (JJA)
Difference between HAMA and JJA
Under HAMA if the couple has a son they can adopt only a daughter and vice-versa. Under JJA there are no restrictions on number or gender of children. Under both the acts, an adopted child has full rights, same as that of a biological child.
Financial Aspects
Each state has an Adoption Coordinating Agency (ACA) to guide the adoption agencies in the state. ACA provides the guidelines on the amount the agencies can charge the adoptive parents as maintenance charges, from time to time. This maintenance charge assists the organization to render these services for the children. Home Study fees, Court Fees, Lawyers fees, Sub-registrar registration fee etc are some of the other applicable fees. The adoptive parents should inquire about these fees openly while interacting with the agencies. They are also advised to make all payments only by crossed Cheque / DD.