Guidelines in Adopting a Child in India

Gay Male Couple With Adopted Baby Daughter Celebrating First Christmas With Friends

The adoption of a child is an act of love, compassion, and commitment. When it comes to adopting a child, the first and foremost thing that you need to consider is whether you are ready for all this responsibility. If you have decided to adopt a child from India then there are some important things that you should keep in mind while adopting a child. 

The Indian government has recently made many changes to the adoption laws. These changes are aimed at making it easier for international parents to adopt their children in India, but some of them also make things more complicated. It is important for NRI parents considering adoption to understand these new regulations so that they can make an informed decision about whether or not they should pursue this option for their child.

Complete Child Adoption Guidelines

The Indian government has issued guidelines for the adoption of Indian children by Non-Resident Indians (NRIs) and Foreigners. According to these guidelines, the prospective adoptive parent must be residing in India for a minimum of 180 days before adopting a child.

Here is the list of documents required to adopt an intercountry adoptee:

  • A copy of your passport;
  • Your visa supporting stay in India;
  • A photocopy of your passport’s photo page and information page/pages;
  • Proof that you have applied for a residence permit under section 4(1)(a) or (b) if applicable;
  • An affidavit signed by both parents stating that they give their consent to adopt this child as well as provide relevant details about themselves including address etc., if possible.

How can an NRI Adopt a Child in India?

The adoption process is regulated by the Central Authority and all applicants will be required to fulfill the eligibility criteria before being accepted for adoption. An NRI needs to get registered with the Central Authority, which requires that you have been living in India for at least two years, own your property, and have sufficient income (for example, if you earn less than Rs 1 lakh per year).

The process of adopting a child in India is quite simple. All you need to do is follow the steps outlined below:

  • Get in touch with an adoption agency or lawyer who specializes in international adoptions and talk about your case, whether it’s for an Indian adoptee or someone else from abroad.
  • Make sure that you have all the documents required by law before you can apply for adoption, this includes
  1. birth certificate
  2. passport (if not already possessed)
  3. medical report showing that no serious health issues are preventing them from being able to take care of their new baby 
  • When these documents have been collected and verified by both parties involved (you and your partner/family members) then apply online through government systems which will then forward them onto other organizations like CARE (Children Adoption Resource Center) where they’ll conduct background checks on potential parents looking at either domestic adoptions where children live with biological parents until age 18 years old. 
  • Once registered with the Central Authority, you will need to undergo pre-adoption counseling before finalizing your adoption agreement with an Indian non-resident Indian (NRI) who wants to adopt a child from India. This counseling includes questions about why you want an international adoption; whether any children are similar or close enough in age; what difficulties this would cause for yourself or others if they were not adopted. 

Adoption-related Laws in India

In India, the process of adopting a child is governed by the Juvenile Justice (Care and Protection of Children) Act, of 2000- This Act applies to all children in India irrespective of their religion or creed. However, adoption may not be as straightforward as it would be in the US where there are more options available for single individuals to adopt children without any legal complications.

 In some states, adoption laws are not properly established and hence are not clear on what basis one can adopt an orphaned child or how many people can be allowed on an adoption application form which makes it difficult for those wishing to adopt a child from elsewhere outside their country (like India) who do not have relatives living nearby.

The Hindu Adoption and Maintenance Act, 1956- This Act was enacted to regulate adoption in India. It defines “adoptive parents” as those who have been legally bound to take care of their child for at least one year before its birth or after it is abandoned by its biological parents. The law also deals with minimum age limits for adoption and registration of births or deaths related to any child registered under this act.

Major Inconveniences Arise Due to the Adoption-related Laws in India

The current adoption laws in India are not conducive to the process of adoption. This is because they are stringent, not child-friendly, bureaucratic, and time-consuming. The following are some major inconveniences due to these laws:

  • Adoption by Foreigners- Most Indian couples have had to go through many difficulties before being able to adopt a foreign child because of the high standard set by our law on this issue. For example, they have had difficulty getting their passports stamped with an ‘A’ visa (which allows you entry into another country), or getting their children vaccinated against certain diseases which may be harmful to them if they travel abroad without having received proper medical treatment from doctors who specialize in treating children from other countries. 

Child Adoption Tips

  1. Understand the process.
  2. Find an adoption agency.
  3. Find a child who needs a home, and who will be compatible with your family’s lifestyle.
  4. Find parents who are ready to give their child up for adoption; this may involve counseling sessions or other treatments that will help them understand what is best for their child’s future happiness and well-being.

Due Diligence

Due diligence is a process by which the prospective adoptive parents and the adoption agency undertake to verify that all information provided by the birth parent(s) is accurate and complete. Due Diligence is solely the responsibility of each party involved in an adoption application, except where there are special circumstances such as:

  • Where a child has been adopted more than once; or
  • Where it has become apparent that some information contained in their files may not be correct (for example, if they have lied about something).

Understanding the System

The adoption process in India can be broken down into three distinct phases:

  • Pre-adoption counseling and preparation
  • Adoption itself (including finalization, custody transfer, and legal guardianship)

Post-adoption support

  • Deciding if Adoption is right for you

When considering whether or not adoption is right for you, think about your family’s ability to care for a child. This includes factors such as

  1. Your age and health
  2. Your financial situation
  3. The number of children already in the household
  4. The relationship with your spouse or partner

Choosing an Adoption Agency

The right choice can make all of your efforts worthwhile, but finding the best agency for you will not be easy. To help you out, here’s what to look for in an adoption agency:

  • Good reputation and history of success with adoptions
  • A clear philosophy on how they handle their business (i.e., do they have a standard fee structure? Or do they offer discounts based on case factors?)
  • A large number of qualified applicants through their website or social media profiles

Closing the deal

The process of adopting a child is not as simple as it may seem. Adopting a child from another country can be an arduous task, but with careful planning and preparation, you will have the opportunity to bring home your new family member.

The legal process of adoption begins with filing for parental rights with the state department of children and families (DCF). Once your application is approved, you will begin the pre-adoption counseling process in which you meet with social workers at DCF who help guide and support your decision-making throughout this time. Once this stage has been completed successfully by both parties involved for them to move forward on their end toward finalizing their adoption plans together as a family unit.

 Thereafter comes what’s known as “post-placement” where both parties are required by law if they wish  to proceed further along with completing all necessary paperwork required by law such as birth certificates etcetera within no less than 60 days after the placement date has been set by parents/guardians involved themselves due process being followed correctly during all stages leading up until today’s present-day situation where certain regulations apply depending upon whether or not one wants immediate access

Things to Consider Before Deciding to Adopt a Child

When you are considering adopting a child, it’s important to consider the financial and emotional costs involved. Many factors can affect your decision, including; 

  • The age of the child you want to adopt- It’s typically an option for older children who may have difficulty adjusting to life outside of their birth families’ homes and communities.
  • The country where you live or plan on living in the future- If this is something that concerns you, talk with other family members who have adopted before making your decision—they might be able to give insight into how well (or not) things worked out for them as well as provide some helpful tips and suggestions based on their experiences.

Whether or not this will be something long-term (i.e., until adulthood) because adopting older children requires more planning than younger ones do; however there are some exceptions where these factors don’t apply so please consult with professionals who specialize in helping families adopt older children before making any final decisions about whether or not this would be right for any circumstances. 

The child adoption process in India can be a long and complicated one, but it is not impossible. With the help of an experienced adoption agency and all the right documents, you are sure to get through this process with ease. We hope our complete guide helps you in making this decision.