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CA Rachit Agrawal   04 March 2021

Adoption of child, who is not legally cleared.

Hello,

I want to know one thing that, if I had seen one child at orphanage or anywhere on street and I want to adopt him/her, then how can I adopt it, as Sonu Sood(Actor) has recently adopted children. 



Learning

 4 Replies

Ishaan   19 March 2021

Process of adoption in India -
Registration - Prospective adoptive parents need to get registered with an authorized agency. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which are allowed to make such registrations in India.
Home Study and Counseling - A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study. 
Referral of the Child - The agency shall intimate the interested couple when-ever there is a child ready for adoption.
Acceptance of the Child - Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child.
 Filing of Petition - Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre and understand the habits of the child from the nursing staff before taking the child home.
Court Hearing - The parents have to attend a court hearing along with the child.
Court Order - Once the receipt of investment made is shown, the judge shall pass the adoption orders.
Follow Ups - Post completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years.

The adoptive parent and child should have an age difference of 21 years or more. Most agencies prefer couples to have been married for at least 5 years before adopting a child; however, this is again at the discretion of the agency. A single person between age 30 and 45 years can adopt a child.
 

Nirali Nayak   21 June 2021

Hello sir, greetings of the day.
In India, the adoption process is monitored by Central Adoption Resource Authority (CARA). It is the nodal agency to monitor and regulate in-country and intra-country adoption and comes under as a part of Ministry of women and child care. The procedure for adoption of a child in India can be understood in the following steps:
Step 1 – Registration: Prospective adoptive; parents need to get registered with an authorized agency such as Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA).
Step 2 – Home Study and Counselling:  A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study.
Step 3 – Referral of the Child: The agency shall intimate the interested couple when there is a child ready for adoption. The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child. 
Step 4 – Acceptance of the Child: Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child.
Step 5 – Filing of Petition: All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer.
Step 6 – Pre-Adoption Foster Care: After the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre to understand the habits of the child from the nursing staff before taking the child home.
Step 7 – Court Hearing: The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child.
Step 8 – Court Order: Once the receipt of investment made is shown, the judge shall pass the adoption orders.
Hope this answers your question.
Regards
Nirali Nayak
Law Student

sonam ranjan   02 February 2022

Procedure Of Adoption Children In India

In India, the process for adoption of a child is understood in the following steps:

1. The adoptive parents must be in good physical, mental, and emotional health, as well as financially capable and free of any life-threatening medical conditions.

2. Any prospective adoptive parents, regardless of marital status or whether or not they have a biological son or daughter, can adopt a child if they meet the following criteria:

In the case of a married couple, both partners must agree to the adoption;

a. A single female can adopt a child of any gender;

b. A single male cannot adopt a girl child.

c. Only married couples for at least two years and have a healthy marital relationship can adopt a child.

All necessary documents are submitted to a lawyer or legal advisory who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer.

To get the best lawyer in India. Contact Adv. Anupam Agarwal from Ramniwas Surajmal

https://rslegal.in/index.php

Sudhir Kumar, Advocate (Advocate)     03 February 2022

a valid adoption reqauies :-

  1. both of you should be hindu
  2. the child should not be above 15
  3. the child should not have already been adopted.
  4. the parents (or legal guardian i.e. some institution) should agree to give you the child.
  5. If you have a male child (natural/adopted)you cannot adopt a boy.  If you have female child (natural/adopted) then you cannot adopt a girl.
  6. if you are single  parent willing to adopt child of different s*x then a fap of 21 years is a must.

 

In case some celebrity  has  stated that he/she has adopted a group of children that means he/she has at the time being  (without any future obligation and rights) agreed to bear their expenses.  They do not in any way becopme his/her sons/daughters.


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