Introduction

Adoption is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related. It provides a child with a stable home, parental care, and legal rights as a biological child. Adoption laws in India are governed by different statutes based on the religion of the adoptive parents and the child’s welfare.

Legal Framework Governing Adoption in India

• Hindu Adoption and Maintenance Act (HAMA), 1956 – Governs adoption among Hindus, Buddhists, Jains, and Sikhs.
• Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) – Allows adoption for individuals of all religions and governs institutionalized adoption.
• The Guardians and Wards Act, 1890 – Applies when non-Hindu parents seek guardianship of a child.
• Central Adoption Resource Authority (CARA) – The apex body under the Ministry of Women and Child Development responsible for overseeing adoption procedures in India.

Step-by-Step Adoption Process in India

Step 1: Registration with an Adoption Agency

• Prospective adoptive parents (PAPs) must register with an authorized adoption agency such as Specialized Adoption Agencies (SAAs) under CARA.
• Online registration can be done through CARA’s website.

Step 2: Home Study and Background Check

• A social worker from the adoption agency conducts home visits to assess the PAPs’ financial, emotional, and social stability.
• The home study report (HSR) is prepared within 30 days.

Step 3: Referral of a Child

• PAPs receive details of eligible children from the adoption pool.
• They can choose a child within 48 hours, based on medical and social background.

Step 4: Acceptance and Matching

• PAPs must give consent for adoption after reviewing the child’s details.
• A meeting with the child is arranged at the adoption agency.

Step 5: Pre-Adoption Foster Care

• Once matched, the child is placed in pre-adoption foster care with PAPs to ensure compatibility.

Step 6: Legal Adoption Process

• The adoption agency files an application in the District Court.
• After verification, the court issues the adoption order, legally declaring the child as the adoptive parents’ legal heir.

Step 7: Post-Adoption Follow-Up

• The agency monitors the child’s well-being for at least two years post-adoption.

Case Studies and Landmark Judgments

Case Study: Adoption by a Single Parent

• Shabnam Hashmi v. Union of India (2014) – The Supreme Court ruled that individuals of all religions can adopt under the JJ Act, breaking religious barriers to adoption.

Case Study: Inter-Country Adoption

• L.K. Pandey v. Union of India (1984) – This case laid down guidelines to prevent child trafficking and ensure ethical inter-country adoptions.

Case Study: Rights of Adopted Children

• Phillips Alfred Malvin v. Y.J. Gonsalves (1999) – Ensured equal inheritance rights for adopted children under the Hindu Adoption and Maintenance Act.

Challenges in Adoption

• Lengthy Legal Process – Court approvals and agency clearances cause delays.
• Social Stigma – Adoption is still viewed with skepticism in some communities.
• Matching and Availability – Finding suitable matches can be complex due to eligibility criteria.

Conclusion

Adoption is a noble and legally protected process that provides a child with a loving home. With streamlined policies and awareness, adoption can be more accessible and efficient for prospective parents. Ensuring legal and emotional preparedness is crucial for a smooth transition for both the child and the adoptive parents.