Answer By law4u team
In India, married couples can adopt a child through legal procedures governed by the Hindu Adoption and Maintenance Act (HAMA), 1956 for Hindus, and the Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015, which applies to all citizens, irrespective of religion. Adoption is a legally formalized process, and couples must follow specific procedures to ensure the adoption is recognized under the law.
Legal Procedures for Adoption by a Married Couple:
1. Eligibility of the Couple:
- Age Requirements: The couple must meet the minimum age criteria. The adopting parent must be at least 21 years older than the child to be adopted.
- Marital Status: A married couple is allowed to adopt, but a single person can also adopt under certain circumstances. Both partners (husband and wife) must consent to the adoption.
- Gender Considerations: Under the Hindu Adoption and Maintenance Act, a male can adopt a male child, and a female can adopt a female child. However, the Juvenile Justice Act allows greater flexibility, and married couples can adopt a child of either gender.
2. Adoption Under the Hindu Adoption and Maintenance Act (HAMA):
- If the couple is Hindu, they can adopt a child under the Hindu Adoption and Maintenance Act, 1956. The couple can adopt a child of either gender, but they must ensure they follow the legal formalities stipulated under HAMA.
- Consent of the Wife: Under HAMA, if the husband wants to adopt a child, the wife’s consent is required. In turn, if the wife wants to adopt a child, the husband’s consent is necessary. Both must agree to adopt the child together.
- Procedure: The adoption must be carried out according to Hindu customs, and a formal adoption deed is created, which needs to be registered with the local authority.
3. Adoption Under the Juvenile Justice Act (JJ Act):
- For non-Hindu couples or those seeking adoption through a more universal route, the Juvenile Justice Act, 2015 provides an inclusive framework for adoption, applicable to all Indian citizens, irrespective of their religion.
- Central Adoption Resource Authority (CARA): All adoptions under the JJ Act must go through the Central Adoption Resource Authority (CARA) or an authorized adoption agency. CARA ensures that the adoption process is transparent and ethical.
- Eligibility Criteria: The married couple must be fit and capable to adopt a child, meeting financial, mental, and emotional requirements. The couple must prove that they are financially stable and capable of providing a good upbringing.
- Matching the Child with the Couple: A couple can choose the child they wish to adopt, but they must go through a matching process via CARA. This includes a home study, background check, and interviews to assess the suitability of the couple for adoption.
- Court Approval: After the adoption is matched, the adoption petition is filed in the Child Welfare Committee (CWC) for approval, and then the final adoption order is passed by the court.
4. Steps in the Adoption Process:
- Step 1: Choose an authorized adoption agency or CARA, which will assist in completing the paperwork and home study. For Hindu couples, the agency helps in processing the adoption under HAMA or JJ Act.
- Step 2: Submit an application to adopt. The agency will evaluate the couple's suitability, including background checks and interviews.
- Step 3: After matching with a child, the couple must wait for the court’s approval to finalize the adoption.
- Step 4: The court will issue an adoption order after determining that the adoption is in the best interest of the child.
5. Post-Adoption Formalities:
- After the adoption order is passed, the child's name is officially changed in the birth certificate, and the adoption is legally finalized.
- The couple has the same legal rights and responsibilities towards the child as biological parents, including rights to inheritance, custody, and maintenance.
Example:
If a married couple, who are Hindu, wishes to adopt a child, they must:
- Apply through an authorized adoption agency or CARA.
- Undergo a home study process and background checks.
- After being matched with a child, they will submit an adoption petition to the court.
- Once the court issues the adoption order, the child’s birth certificate is updated, and the couple becomes the legal parents.
Conclusion:
A married couple can adopt a child legally in India through two main avenues: under the Hindu Adoption and Maintenance Act (HAMA) if they are Hindu, or the Juvenile Justice (Care and Protection of Children) Act (JJ Act), which applies to all citizens. The process requires eligibility checks, a matching process, and court approval. The couple must ensure they meet all the legal requirements and complete the necessary formalities to adopt a child legally. Once completed, the child has the same legal status as a biological child, with all rights and responsibilities granted to the parents.
