PROCESS FOR ADOPTION IN INDIA

Conditions to be Fulfilled by Parents

CARA(Central Adoption Resource Authority) has defined the eligibility criteria for prospective
adoptive parents in order to be able to adopt a child. They are as follows:

● The prospective adoptive parents need to be physically, emotionally and mentally

stable.
● They should be financially stable.

● The prospective parents should not be suffering from any life-threatening diseases.

● Couples with three or more kids are not considered for adoption except in case of

special-needs children.
● A single female can adopt a child of any gender. However, a single male is not

eligible to adopt a girl child.

● A couple cannot have a cumulative age of more than 110 years.

● The age of the parents as on date of registration should be as per CARA guidelines in

order to be eligible for adoption.

Procedure to Adopt a Child in India

The adoption process in India is governed by multiple laws and adherence to the same is
overseen by the Central Adoption Resource Authority.

The procedure for adoption of a child in India can be understood in the following steps:

1. Registration
Prospective adoptive parents need to get registered with an authorized agency. Recognised
Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which
are allowed to make such registrations in India. The prospective adoptive parents can visit the
Adoption Coordination Agency in their area where the social worker will explain the process and
take you through the formalities, paperwork and general preparation required for registration.

2. Home Study and Counseling

A social worker for the registration agency will make a visit to the home of the prospective
adoptive parent in order to do a home study. The agency might also need the parents to attend
counselling sessions in order to understand the motivation, preparation, strengths and
weaknesses of the prospective parents. As per CARA regulation, the home study needs to be
completed within 3 months from the date of registration.

The conclusion from the home study and counselling sessions is then reported to the honourable
court.

3. Referral of the Child

The agency shall intimate the interested couple when-ever there is a child ready for adoption.
The agency will share medical reports, physical examination reports and other relevant
information with the couple and also allow them to spend time with the child once they are
comfortable with the details shared.

4. Acceptance of the Child

Once the parents are comfortable with a child, they will have to sign a few documents pertaining
to acceptance of the child.

5. Filing of Petition
All necessary documents are submitted to a lawyer who prepares a petition to be presented to the
court according to Section 2 (23) of the Juvenile justice Act. Once the petition is ready, the
adoptive parents will have to visit the court and sign the petition in front of the court officer.

6. Pre-Adoption Foster Care

Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption
foster care centre and understand the habits of the child from the nursing staff before taking the
child home.

7. Court Hearing

The parents have to attend a court hearing along with the child. Procedure before the Court shall
not be bound by the procedure laid down in the CPC, 1908. The hearing is held in a closed room
with a judge disposed within 2 months of the date of filing according to Sec 61 (2) of the JJ Act.
The judge may ask a few questions and will mention the amount which needs to be invested in
the name of the child.

8. Court Order

Once the receipt of investment made is shown, the judge shall pass the adoption orders as
according to 61(1) of the JJ Act.

9.Follow Up

Post completion of the adoption, the agency needs to submit follow up reports to the court on the
child’s well-being. This may continue for 1-2 years.

In the case of Shabnam Hashmi v. Union of India and Otrs 1.In the instance case, the question
came up regarding the right of Muslim’s to adopt. The Court took a liberal view and awarded
1 AIR 2014 SC 1281
adoptive right to Muslims under the J. J. Act. It upheld the status of J. J. Act as a secular law of
adoption in India and granted the right to adoption across all religious communities in India,
irrespective of what their personal laws said. However, the Court rejected the stance that the
right to adoption was a right envisaged under the right to life of Art. 21

In Amarendra Man Singh Bhramarbar v. Sanatan Singh 2 the Court held that the foundation of
the doctrine of adoption is the duty which every one owes to his ancestor to provide for the
continuance of the line and the solemnization of the necessary rites

In Master Divyansh Arora Minor vs Union Of India 3 the Supreme Court also held that since the
best interest of the child has to be protected scrupulously, safeguards must be put in place to
ensure that adoptions are not resorted to by persons who would mistreat the child. The Supreme
Court noted that a Central Adoption Resource Agency must be created to oversee the process of
adoption and ensure the sanctity of the adoption process is observed.

Documents are Required for Adopting a Child

Following is the list of documents to be prepared for the adoption process:

● Adoption application

● 4 x 6 size photographs – 4 copies of husband and wife together

● Marriage certificate and proof of age

● Reason for adoption

● Latest HIV and Hepatitis B report of the couple

● Income certificate

● Proof of residence

● Investment details
2 (1933) 35 BOMLR 859
3 W.P.(C) 6759/2016
● Reference letter from 3 people

● Any other document which may be required by the agency or the court