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ROHITASHVA PURI (LAWYER)     17 October 2021

Adoption of Child .

process of adoption of child and can couple adoption a child from other state .


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 October 2021

Central adoption resource authority (CARA) is the nodal agency to regulate adoption for in-country and intra-country. It is a statutory body of the Government of India working under the Ministry of Women & Child Development. It deals with adoption of children through special recognised agencies.

Contact Details:-

 Address: Central Adoption Resource Authority, Ministry of Women & Child Development, West Block 8, Wing 2, 2nd Floor, R.K. Puram, New Delhi-110066 (India)

Telephone Numbers: +91-11-26180194

E-mailcarahdesk.wcd@nic.in

Websitehttps://www.cara.nic.in/Index.aspx

M V Gupta (Advocate)     18 October 2021

If the proposal is to adopt the child from its biological parents, si.mply execute a deed of adoption and register it and also follow the religious ritual of adoption as per your custom. If on the other hand, you want to adopt a child from a children's shelter, you have to follow the procedure suggested by the Shelter.

Dr J C Vashista (Lawyer)     19 October 2021

Whether biological parents of the minor are willing to give the child in adoption ?

If so, seek professional services of a local lawyer for registration of Adoption Deed

minakshi bindhani   21 October 2021

As per your concerns!

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.

Eligibility of the Child to get adopted Under CARA

The child must be legally free of adoption.

Two unrelated children cannot be proposed to a foreign family at a time.

A child can be placed in adoption before it reaches the age of 12.

The child consent has to be obtained wherever applicable.

Under the Hindu Adoption and Maintenance Act, 1956 the party willing for adoption can make an application to Child Welfare Agency. Registration can be done either by an Adoption Coordinating Agency (ACA) found in each state’s capital city or an agency certified by the Central Adoption  Resources Authority (CARA) in New Delhi.


Under the Guardianship and Wards  Act, 1890, the party seeking guardianship has to be applied to the Court where they provide complete information on them, reasons behind becoming the guardian of a child and other information asked in the application.

After admitting the application, the court will set the date of hearing where it will hear and view evidence, requirements and considering the interests of a minor, then the court will decide whether the guardianship of a minor should be given to such party or not.

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.

Adoption Process in India

Step 1: Registration

Firstly the adoptive parents have to register their names with an authorized agency. The parents can visit the agencies nearer to their area to register themselves where a social worker will explain in detail all the necessary documents, paperwork that is required. 

Step 2: Home study and guiding

In this, the members of the organization or the agency will visit the house of the adoptive parents to do a home study. And sometimes the agency might also ask the parents to attend the counselling session to understand the strengths, weaknesses of the parents. According to CARA, the home study needs to be completed within 3 months from the day which the parents registered.

Step 3: Referral of the child  

The agency shall inform the parents about the child when ready for adoption. The organization shall share all necessary information like about the child’s medical reports and all to the parents and also allow them to spend time with the child to create a bond between them.

Step 4: Acceptance of the child

Once the parents are comfortable after all the procedures then they have to sign a few documents related to it.

Step 5: Filing of petition

All the important relevant documents are submitted to the lawyer who then prepares a petition to be presented in court. Once it is all ready then the lawyer informs the parents and they come to sign the petition in front of the officer.

Step 6: Pre-adoption foster care 

Once the petition is signed in the court then the parents can take the child to the pre-adoption centre for understanding properly the habits of the child from the staff.

Step 7: Court hearing

The parents have to attend the hearing in court which takes place between the judge and the parents. The judge inquires and ask questions to the parents and mentions the amount that has to be invested in the name of the child.

Step 8: Court orders
Once the receipt of investment is made shown then the judge finally passes the adoption orders to the parents.

Hope it is helpful
Regards
Minakshi Bindhani

M V Gupta (Advocate)     24 October 2021

I feel the detailed procedure indicated by Minakshiji is applicable for adoptions from child care centers: not to adoptions from the biological parents of the child.


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