Procedure of Adoption

Adoption is a legal process that creates a parent child relation between persons not related by blood, the adopted child is entitled to all privileges that belong to a natural child of the adoptive parent (including the right to inherit as per laws under which the relationship is legalized.)

There are 3 laws under which one can adopt a child in our Country :

  • Hindu Adoption & Maintenance Act 1956.
  • Juvenile Justice Act 2006 (amended)
  • Guardians & Wards Act.

Children available for Adoption :

Children can be adopted are made free for adoption by a legal process through Child Welfare Committee.

Children come to an Institution in two ways :

  • Those who are abandoned and found by the police or
  • whose biological parent/s have surrendered the child due to social reasons.

Age Criteria :

As per CARA guidelines, if one of the parents has approached 45 years, they should adopt a child above 1 year. The age of the child will be according to the age of older parent once they are about 45 years for e.g. if one parent is 48 years they will be considered for a child around 4 years. This is mainly adviced so that once the parent is nearing 60’s the child will be nearer to being a major.

Although now Social Worker feel, at the age of 42 years one should adopt a one year old child so by the time the parent is 60 years the child is a major.

In no case Adoption is allowed to parents who have crossed the age of 55 years and the child 12 years.

Steps For Adoption :

Adoptive procedure for the couple who are interested in getting the information on Adoption:

Step I – Visit the nearest Adoption Agency :

The Central and State Government have recognized Adoption Agency in most of the states. Parents can also visit Adoption Co-ordinating Agency in their Area. The Social Worker will tell you about the process, documentations, legalization and assess your general preparation regarding Adoption. You can ask all your questions and queries to the Social Worker about Adoption before you begin with the actual process.

Step II – Documentation & Registration :

Prepare the documents, as advised by the Social Worker. Documentation should be done only after consultation with the Agency Social Worker. Once the documents are ready, submit the same to the Agency and get registered. You can register with one agency only.

Step III – Homestudy Report and Counselling :

Home study is done by the Professional Social Worker. Family has to come for counselling session at the agency. Social Worker need to understand the complete preparation of the couple about Pre-Adoption & Post Adoption issues. Social Worker try to assess the couples parenting abilities. The Social Worker will look into applicants motivation, preparation, strength and weakness on the issues of Adoption. The couple should use this opportunity to discuss the plan in detail with the Social Worker. The couple should understand / clarify any doubts they may have before seeing the child. This step is formulated in Report and is submitted to the Honourable Court.

Step IV – Referral of the child :

As and when there is a matching child for the couple agency will call them to see the child. If there is no suitable child of the age desired by the family, the family will be referred to ACA in their Area. Couple will be shown a suitable child, medical file, PER and other information will be shared. Couple can spend time with the child, once they are comfortable enough to make a decision they can discuss the future formalities as per the rules.

Step V – Acceptance of the child :

Couple has to countersign the Childstudy Report, Physical Examination Report, if applicable the I.Q. Report, for the approval of the child.

Step VI – Filing of Petition :

The documents of the child and PAP’s documents are sent to the lawyer for preparation of the Petition. Once the petition is ready the couple will be called to the Court and sign in the presence of the Court Officer. The Social Worker will sign the Institutional Affidavits.

Step VII – Pre-Adoption fostercare :

After signing the Petition in the Court, Couple can take the child in Pre-Adoption fostercare. Before the child is taken home it is essential to understand from the Agency staff, the Diet Schedule of the child, eating, playing, sleeping habits, toilet training and medicine schedule. Family must understand that the child is in fostercae and not placed in Adoption. Step

VIII – Court Hearing :

Couple has to attend the Court hearing with child. This is in the presence of the Judge (generally it is in his Chamber and not in Open Court). Once the Judge is satisfied he will pass the Order and will also mention the amount you need to invest in the Child’s name.

Step IX – Court Order :

Once Investment is made, the receipt is shown to the Judge, the Order’s will be issued. If the Adoption is under HAMA or J.J.Act, then a Deed of Adoption is prepared and the same has to be registered with local Registrar office.

Step X –

After the final Adoption, the Agency need to submit the follow-up reports to the Court about the child’s well being. This can be for 1 to 2 years, as stated in the Court Order.