Adoption in India

‘Adopting one child won’t change the world: but for that child, the world will change.’ 
– Unknown 

Every child deserves the love of family and nurturing of a family. Growing up with the constant support of parents and siblings has a very good and wholesome effect on the personality and virtues of a child. But not every child has the privilege to grow up in family. Due to many reasons many children are orphans and spend most of or their entire childhood in orphanages and foster homes. Few lucky ones get adopted by genuine parents while some remain in the orphanages they are adults or are adopted by frauds and end up being victims of child trafficking and other crimes related to children. 

Therefore, it is important that strict laws are in place when it comes to adoption of a child. Legally speaking adoption means the permanent separation of a child from his biological parents after which he becomes the legitimate child of his adoptive parents. The main purpose of adoption is to provide for the child financially and emotionally, earlier this was not the notion. The main purpose in adopting a child was that to continue the family line and performing rituals during funerals, also there was no codified law. 

Laws relating to adoption of a child in India largely falls under Personal Laws, Hindu law, Muslim law, Parsi law and Christain law. 

UNIFORM CIVIL CODE FOR ADOPTION 

Laws relating to crime and punishment are the same for all citizens in India, and so are the laws relating to commerce, contracts and other affairs. But there are, as is evident from the case laws and the authorities put forth above, that there are no uniform laws regarding family matters in the Indian context. It has been requested since a long time for a uniformity in such laws. To treat all citizens equally, one must have same laws for everybody. In case of adoption, the conspicuously different laws for Hindus and Non-Hindus creates an emotional problem. The non-Hindu parents, who may want to adopt a child and treat him/her as their own are not legally allowed to call themselves the parents or claim the child as their own. Hence, there has been a cry for a uniform civil code with respect to adoption. 

However, an adoption can take place from an orphanage by obtaining permission from the court under Guardians and Wards Act. Christians can take a child in adoption under the Guardians and Wards Act, 1890 only under foster care. Once a child under foster care becomes major, he is free to break away all his connections from his adoptive parents. 

CARA (Central Adoption Resource Authority) 

Cara is a statutory body under the ministry of women and child development, Government of India. It functions as the central or nodal body of the adoption of Indian children and monitors the in-country and inter-country adoptions. 

Basic adoption process in India, 

Registration 

Home study and counselling 

Referral of the child 

Acceptance of the child 

Filing of Petition 

Pre-adoption foster care 

Court hearing 

Court Orders 

It is every adoptive parent’s responsibility to give all that they have in order to make their adopted child’s life better. They need to follow all the legal procedures which ever are applicable to them during the process of adoption. 

References, 

https://studydriver.com/adoption-laws-in-india/

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