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Adoption in India is regulated by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Central Adoption Resource Authority (CARA). Here's a step-by-step process:
Registration: Prospective adoptive parents (PAPs) must register with the Central Adoption Resource Information and Guidance System (CARINGS) through the CARA website or an adoption agency.
Home Study Report (HSR): A social worker from the Specialized Adoption Agency (SAA) will conduct a home study to assess the suitability of the PAPs. The report is valid for three years.
Referral of a Child: Based on the HSR, CARA will match the PAPs with a child. The PAPs can view the child's profile and accept the referral.
Pre-Adoption Foster Care: Once the referral is accepted, the PAPs can take the child in pre-adoption foster care after signing a foster care agreement.
Filing Adoption Petition: The PAPs must file an adoption petition in the relevant court within 30 days of the foster care placement.
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Court Hearing: The court will hold a hearing to verify the adoption process's legality and ensure the child's welfare. Both the child and the PAPs may need to appear in court.
Adoption Order: If the court is satisfied, it will issue an adoption order, making the adoption legal and final.
Birth Certificate: After the adoption order, the PAPs can apply for a new birth certificate for the child, listing them as the parents.
Adoption processes may vary slightly based on the religion and personal laws of the adoptive parents, but the above steps cover the general process under CARA.
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FAQs
1: How do prospective adoptive parents start the adoption process in India?
Answer: Prospective adoptive parents must register with the Central Adoption Resource Information and Guidance System (CARINGS) through the CARA website. A social worker will conduct a Home Study Report (HSR) to assess their suitability.
2: What happens after accepting a child's referral?
Answer: After accepting a child's referral, the prospective adoptive parents can take the child into pre-adoption foster care. They must file an adoption petition in court within 30 days. Upon approval, the court issues an adoption order, and the parents can apply for a new birth certificate for the child. More details can be found on the CARA website.
Reference
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Central Adoption Resource Authority (CARA)
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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