Over the world, the adoption of children is said to be an increasing practice. The Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act) and the Hindu Adoption and Maintenance Act, 1956 (HAMA), serve as the primary sources of guidance for adoption practice in India. according to a report by the news agency ANI, both laws have unique features and goals. The HAMA law controls the adoption of and by Hindus. Buddhist, Jains, and Sikhs are all included under the religion of “Hindus”. It grants an adopted child all of the same rights as a child who was born naturally, including the right to inherit.
Age of the child
Maximum composite age of prospective adoptive parents
Maximum age of the single prospective adoptive parent
Up to 4 years
90 years
45 years
Above 4 up to 8 years
100 years
50 years
Above 8 up to 18 years
110 years
55 years
Because complete adoption is not recognized by Muslim, Christian, Parsi, or Jewish personal law. So, a member of one of these religions may adopt a child by applying for guardianship of the child under Section 8 of the Guardians and Wards Act, of 1890.
According to Hindu law, children satisfying the following criteria can be adopted-
There is a directive that adoption proceedings have to be completed within two hearings, and the petition has to be disposed of within two months of the filing of the petition. The certified copy of the order has to be obtained by the agency within 10 days. The agency must also obtain the birth certificate of the child, with the names of the adoptive parents.
Step 1: Registration
The very first of the adoption process is registering. The couple who are willing to adopt a child will have to register their names with an authorized agency. To register, the couple can visit the agencies nearer to their area to register themselves where a social worker will explain in detail all the necessary documents and paperwork which are required.
Step 2: Home study and counseling
To do a home study, members of the group or agency will pay a visit to the adoptive parents’ home. In order to understand the parent’s strengths and weaknesses, the agency may occasionally additionally ask the parents to attend the counseling session. The home study must be finished within three months of the day the parents enrolled, according to CARA.
Step 3: Referral of the child
When the kid is adopted, the agency must notify the parent of access to all pertinent information, such as the child’s medical records and other details, and will also give them time with the child so that they can develop a bond.
Step 4: Acceptance of the child
The parents must sign a few associated paperwork once they are confident with all the procedures.
Step 5: Filing of petition
The solicitor receives all the crucial supporting documentation, which is then used to create a petition that will be heard in court. After everything is prepared, the solicitor notifies the parents, who come to sign the petition in front of the officer.
Step 6: Pre-adoption foster care
The parents can take the child to the pre-adoption center after the petition has been signed in court so that the staff can fully explain the child’s habits to them.
Step 7: Court hearing
The court session between the judge and parents must be attended by the parents. The judge queries the parents and makes notice of the required investment amount that has to be invested in the child’s name.
Step 8: Court orders
Finally, after the investment is done and shown to the judge, he passes the adoption orders to the parents.
List of documents required for adoption
The couple who has adopted a child needs to give the same importance to their adopted child just like their biological child. The adoptive child has the same legal entitlement to the property as a biological child, according to the law. The adopted child is eligible to claim stakes in the home of their adoptive parents.
Yet, after an adoptive child is adopted, the Hindu adoption and maintenance legislation states that they no longer have any parental rights. They are not able to assert any rights against their adoptive or co-parceners. The adopted child cannot claim their share of any ancestral property if the adoptive parent is ineligible to receive any inheritance in general.
Since adoption is considered a religious act, it should be carried out widely by the populace because India has a significant number of unwanted children and an excessively high population.
Agencies and adoptive parents have noticed an increasing preference for girls over boys in India’s adoption system over the past few years. One strategy for reducing the epidemic of infanticide and female foeticide in India is adoption. And what could be greater than providing a youngster in desperate need with a decent life?