what are the rules to be followed to adopt a child
Answers
Who is allowed to adopt a child?
In India, an Indian, Non Resident Indian (NRI),
or a foreign citizen may adopt a child. There are specific guidelines
and documentation for each group of prospective adoptive parents. A
single female or a married couple can adopt a child. In India, a single
male is usually not eligible to be an adoptive parent. An exception to
this rule is the noted dance instructor Sandip Soparrkar, who has
recently adopted a young boy. This is a special case rather than the
norm. A single man desiring to adopt a child may be eligible if he
applies through a registered agency. However, he will still only be able
to adopt a male child.
What are the conditions to be fulfilled by an adoptive parent?
An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt
a child must be at least 21 years old. There is no legal upper age
limit for parents but most adoptive agencies set their own benchmarks
with regard to age. For a child who is less than a year old, the
adoptive parents can have a maximum combined age of 90 years. Also,
neither parent must be older than 45 years.
In the case of
adoption of older children, the age of the parents may be relaxed
accordingly. For example, for a one-year-old child, the age limit is 46
years, for a two-year-old child, it is 47 years and so on. The upper age
limit for an adopted child is 12 years while for an adoptive parent it
is 55 years. In the case of an adopted child with special needs,
the age limit may be relaxed marginally by the state government,
depending on the evaluation of the case. However, in all cases, the age
of the parent cannot exceed 55 years.
What are the laws governing adoption?
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed
to formally adopt a child. The adoption is under the Hindu Adoption and
Maintenance Act of 1956. Under this act, a single parent or married
couple are not permitted to adopt more than one child of the same sex.
Foreign citizens, NRIs, and those Indian nationals who are Muslims,
Parsis, Christians or Jews are subject to the Guardian and Wards Act of
1890. Under this act, the adoptive parent is only the guardian of the
child until she reaches 18 years of age.
Foreign citizens and
NRIs are supposed to formally adopt their child according to the
adoption laws and procedures in the country of their residence. This
must be carried out within two years of the individual becoming a
child's guardian. There is also a Juvenile Justice Act of 2000, a part
of which deals with adoption of children by non-Hindu parents. However,
this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.
Can a parent ask for a specific child?
An adoptive parent is allowed to ask for a child, as per her
preferences. For example a parent may ask for a child of a certain age,
gender (if it is the first child in the family), skin colour, religion,
special features, health condition, etc. However, greater the
specifications, more difficult it is to find a child who conforms to
them. This restricts the pool of children available for adoption.
Depending on the adoptive parent's desired details, children are
scrutinised to find a suitable match. When a child with the desired
characteristics is found, she is shown to the prospective parents. In
case the parents are unhappy with the selection, about two more children
with the same characteristics may be presented to the parents.
The entire adoption process takes some months to complete. However,
when all the hurdles are cleared, you are ready to welcome your new
child to the family.