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Adoption of Children in India

  • Posted on January 1, 2023
  • News
  • By Akta Yadav
Adoption of Children in India :-
The rules of Child Adoption in India are primarily governed by Hindu Adoption and Maintenance Act, 1956 (HAMA), the Hindu Guardians and Wards Act, 1980 and the Juvenile Justice Act, 2015. Who is Eligible to Adopt? Adoption of Children in India Adoption of Children in India-Adoption of Children in India Couples who are stable physically, mentally, and financially can adopt children. The collective age which means that the age of the couple combined must not cross 110 years in total. Even a female who is a single mother can adopt a child but a male as a single father cannot adopt a child. A single parent, can in no case, be of an age more than 55 years. Children who are less than four years in age must be adopted by younger parents while children who are higher in age can be adopted by older couples. Who can be adopted? Adoption of Children in India-Adoption of Children in India Children who are declared to be “legally free” can be adopted. The term “legally free” refers to children who have been left by their families, surrendered, or have become orphans. How to Adopt? The parents who want to adopt children must first register themselves on CARINGS ( Next, they must upload the relevant documents asked for within the next 30 days. Once the parents have applied, the authorities look for a relevant child as per the details that the parents have expressed and when a match has been found, the parents are termed as Prospective Adoptive Parent (PAP) for that child. The parents are then sent the details and asked about their consent. The parents must visit the required adoption center within 15 days. If they consent, they can adopt the selected child and if they do not a new match will be looked for, however, the parents’ ranking on the list reduces. The process of adoption is a very tedious one and at every step, the authorities ensure that the parents are serious in their approach and want to honestly, adopt a child. The Central Adoption Resource Authority (CARA) Adoption of Children in India This body has been set up by the Ministry of Women and Child Development as the primary body which will helps regulating the guidelines for Child Adoption in India. In a very recent report by CARA, it has been found that there are nearly 1000 cases pending which relate to Child Adoption. The slow process of Administration in Child Adoption is a huge disadvantage. Another body created for this purpose is the State Adoption Resource Agency (SARA) which is separate for separate States. Conclusion One major drawback of the Child Adoption laws of India is that, India has still not recognised homosexual marriages. A homosexual marriage is the safest marriage with respect to adoption of children because both the spouses are of the same gender. Also, homosexual couples are not capable of reproducing on their own and Child Adoption would be the best viable option for them but the laws do not provide for the same.
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Akta Yadav

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