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At Zolvit, our adoption lawyers provide expert legal support to individuals and families seeking to navigate the adoption process in India. Whether you are adopting a child domestically, internationally, or through a specific adoption agency, we offer comprehensive legal assistance to ensure a smooth and legally compliant adoption journey.
Adoption in India is governed by various laws, including the Hindu Adoption and Maintenance Act, 1956, the Juvenile Justice (Care and Protection of Children) Act, 2015, and guidelines issued by the Central Adoption Resource Authority (CARA). These laws regulate the adoption process, ensuring the best interests of the child and compliance with legal requirements. At Zolvit, we are committed to providing personalised legal solutions to guide you through each step of the adoption process, from initial documentation to final court procedures.
When the relationship between a person or couple and an individual who are not biologically related but are granted parent-child status for all legal and practical purposes, it is known as adoption.
It is not necessary that adoption is restricted only to the adoption of children. In many cases, fully grown adults are adopted by non-biological parents at an advanced stage for varying reasons.
This has especially been evident in erstwhile royal families in India. But the law regarding adoption has been put particularly in place for the adoption of minors by an adult person.
This is to protect the interests of the child until they attain majority and are deemed capable of protecting their own rights by law. In India, adoption is governed by several laws, including the Hindu Adoption and Maintenance Act, 1956.
Hindu Adoption and Maintenance Act, 1956
- In India, this act applies to Hindus, Buddhists, Jains, and Sikhs.
- Individuals and families belonging to these religions are subject to this regulation.
Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice Act, 2015, ensures a comprehensive approach to child welfare, distinct from the Hindu Adoption and Maintenance Act, which is religion-specific. Here are the Applicability details:
- The Hindu Adoption and Maintenance Act does not apply to individuals of other religions.
- Adoptions of orphaned, abandoned, or surrendered children are also governed by it, regardless of the religion of the adopter.
Cases Covered
Adoptions are permitted for orphans, abandoned children, and surrendered children.
Adoptive parents' eligibility
Single parents
- Unless he is married, a Hindu male must be of sound mind and of majority age to adopt.
- If you're unmarried, widowed, divorced, or if your husband renounced the world or was legally declared insane, you can adopt.
Married couples
The wife must consent to the adoption, and the husband must be mentally sound.
Child eligibility Age and status
- A Hindu child must not have been adopted before.
- It is necessary for a boy to be under 15 years old unless there is a custom or usage that allows older age.
Gender considerations
Adoptive parents cannot adopt another child of the same gender if they already have a child of that gender.
Legal Effects of Adoption
All legal ties between the biological parents and the adopted child are severed as soon as the adoption takes place.
For adoptive parents
- An adoptive family must be able to give and take in adoption.
- Adopting parents must be at least 21 years older than the children they are adopting.
For the child
- Hinduism must be the child's religion, and the child must not be married.
- A child must be under 15 years old, unless a custom permits adoption of an older child.
Legal Requirements and Procedures
Adoption procedures are governed by specific legal requirements that ensure the best interests of both the child and the adoptive parents. Prospective adoptive parents must meet the following eligibility criteria regardless of their religion, with provisions for singles, married couples, and divorced individuals.
- If a prospective adoptive parent meets the criteria, he or she can adopt under this act, irrespective of their religion.
- Adoption is available to single parents, married couples, and divorced individuals.
- The child must be declared legally free for adoption by the Child Welfare Committee (CWC).
- The child must be below 18 years of age.
- An agency that is recognized by the Central Adoption Resource Authority (CARA) conducts a home study for prospective adoptive parents.
- Under pre-adoption foster care, the child is placed with the adoptive parents once the application has been approved.
Legal adoption order
- Adoptions are legally binding once a court petition is filed after the placement.
- It is mandatory to conduct post-adoption follow-ups to make sure that the child is adapting well to the new family.
- Reports are submitted to CARA or the adoption agency on a regular basis.
Criteria for Adoption
The eligibility to adopt a child in India is governed by different laws depending on the religion of the prospective adoptive parents, such as the Hindu Adoption and Maintenance Act, 1956, for Hindus, Buddhists, Jains, and Sikhs, and the Juvenile Justice (Care and Protection of Children) Act, 2015, for other religions and cases involving orphaned or abandoned children.
Any adult who meets the legal criteria can adopt, including single individuals, married couples, and divorced or widowed persons. This is provided they fulfill the conditions set by the applicable law.
Age, Marital Status, and Other Requirements for Prospective Adoptive Parents
- Adoptive parents must be at least 21 years old.
- An adoptive parent must be at least 21 years older than the child they wish to adopt.
- There may be upper age limits imposed by different laws and agencies, especially for older children or single parents.
Marital Status
- Those who are married must adopt jointly, and both spouses must consent.
- A single woman can adopt a child of any gender, while a single man can usually only adopt a boy.
- To provide a nurturing environment for the child, prospective adoptive parents must be physically and mentally healthy as well as financially stable.
- Both Indian citizens and Non-Resident Indians (NRIs) are eligible to adopt, though NRIs must comply with additional procedures.
Eligibility of children for adoption
- A child must be at least 12 weeks old to qualify for adoption under most laws.
- Children are generally eligible for adoption at the age of 18 years old.
- It is possible, however, that children over a certain age have specific requirements or conditions for adoption.
- Orphaned, abandoned, or surrendered children must have been legally declared adoptable by the Child Welfare Committee (CWC).
- Prior to adoption, children over a certain age (usually 5 years or older) may need to consent.
- Adopting a child is not strictly restricted by gender or religion, although some conditions may apply if the adoptive parent is a man (e.g., single men cannot adopt a female child).
- A child's religion may determine the applicable law under which the adoption will be processed, particularly if the child has a known background.
The Role of Adoption Lawyers
Adoption lawyers assist in navigating the legal process of adoption, including filing necessary paperwork, ensuring compliance with state and federal adoption laws, and representing clients in court to finalise the adoption. Here are eight major roles of Lawyers:
Legal consultation
Zolvit understands that adoption is a life-changing decision, and the legal process can be complicated. If you want to ensure that the adoption process runs smoothly and efficiently, it is essential to seek legal advice.
Initial consultation
We provide an initial consultation to assess your eligibility, explain the legal requirements, and guide you through the process. You will learn what to expect and how to prepare for adoption success.
Documentation and compliance
Adoption requires meticulous documentation, including petitions, consent forms, affidavits, and other legal papers. Zolvit's lawyers assist you in preparing and filing these documents, ensuring that everything is in order and correctly presented to the authorities.
Ensuring legal compliance
Adoption cases require compliance with legal formalities. We ensure all legal steps are followed, preventing delays or complications caused by non-compliance.
Court representation
Once all documentation is prepared, our lawyers will file the adoption petition in the appropriate family court. Our team handles the entire process, presenting your case clearly and effectively.
Representation During Proceedings
Zolvit's adoption lawyers advocate on your behalf during court hearings and legal proceedings. We aim to make the process as stress-free as possible for you.
Complexity management
Biological parents can sometimes object to adoption, there can be disputes over consent, or a child's legal status can complicate things. The experienced lawyers at Zolvit can navigate these complexities, ensuring your adoption doesn't get derailed.
Resolving disputes
Our team can resolve disputes and address potential legal concerns during the adoption process, protecting your and your child's interests. You can count on Zolvit to provide comprehensive legal support throughout the adoption process, ensuring a smooth legal process.
Why Choose Zolvit for Your Adoption Process?
Our legal team at Zolvit specializes in the area of adoption, expertly navigating the complexities associated with Indian adoption laws, including the Hindu Adoption and Maintenance Act and the Juvenile Justice Act. We prioritize your unique needs, tailoring our legal strategies to provide personalized support throughout the adoption process. From initial consultations to court representation and post-adoption formalities, our comprehensive services ensure a smooth and legally sound adoption experience, allowing you to focus on building your family with confidence.
FAQs for Adoption
What is adoption?
How does the adoption process work in India?
Who is eligible to adopt a child in India?
What is the role of CARA in the adoption process?
What is a homestudy in the adoption process?
What is the Hague Convention, and how does it affect inter-country adoption?
What are the steps to adopt a child from another country?
What is an adoption deed?
What support is available for adoptive parents after the adoption?
How can I find a licensed adoption agency?
What is special needs adoption?
How long does the adoption process take in India?
Can single individuals adopt a child in India?
What is adoption leave, and how can adoptive parents avail it?
What happens if the birth parents change their mind about the adoption?
Sanjay Raju from Zolvit provided exceptional legal support, guiding me with patience and expertise through the process. Highly recommended!
Yamini Rapolu