Answer By law4u team
In India, the eligibility criteria for adoptive parents are determined by the Central Adoption Resource Authority (CARA), which regulates both domestic and intercountry adoptions. These criteria ensure that the adoptive parents can provide a safe, loving, and stable environment for the child. The standards also aim to uphold the child’s best interests, taking into account the parents' age, marital status, mental health, financial stability, and emotional readiness.
Eligibility Criteria for Adoptive Parents in India
Age Requirements
Minimum Age: The minimum age for adoptive parents is 25 years.
Maximum Age: The maximum age limit is typically 55 years, but in some cases, it can go up to 60 years if the applicant is adopting a child with special needs or a child older than 4 years.
Age Difference: The adoptive parents should be at least 21 years older than the child they wish to adopt.
Marital Status
Married Couples: Both husband and wife must be jointly involved in the adoption process. The couple should have been married for at least two years before applying.
Single Applicants: Single individuals (both men and women) can adopt a child, but this is subject to certain conditions. Single men can only adopt a boy, while single women are eligible to adopt both boys and girls.
Mental and Emotional Stability
Adoptive parents must be mentally and emotionally stable, capable of providing a secure and supportive environment for the child. This is assessed through a home study conducted by an authorized adoption agency. Mental health evaluations may be required to ensure the parents can handle the stresses of parenting and are fit to provide a nurturing home.
Financial Stability
Prospective parents must demonstrate that they have the financial resources to support the child's upbringing. This includes proof of income, assets, and general financial condition. Parents do not need to be wealthy but must show they are financially stable enough to meet the child’s needs, including education, healthcare, and daily expenses.
Health Criteria
Adoptive parents must be in good physical health and free from serious medical conditions that could hinder their ability to care for a child. Medical reports are usually required to prove that both partners are in good health, with no major illnesses or conditions that could affect their caregiving abilities.
Home Study and Evaluation
A home study is conducted by a licensed adoption agency. This process involves a social worker visiting the home, conducting interviews, and evaluating the prospective parents’ ability to provide a safe and nurturing environment. The home study also includes a psychological assessment and may involve interviews with friends, family, and colleagues of the prospective parents.
Adoptive Parent’s Support System
The adoption process also considers the availability of a support system, such as extended family and close friends, who can provide help and guidance to the adoptive parents as they adjust to parenting.
Criminal Record Check
A background check is conducted to ensure that the adoptive parents have no criminal record, especially concerning crimes against children.
Special Needs and Older Children
If adopting a child with special needs, prospective parents must show that they are ready to provide specialized care, which may involve additional training and emotional commitment. The criteria for adopting older children (over 4 years of age) may be slightly relaxed in terms of age difference or marital status.
Criteria for Intercountry Adoption
Age Requirements
For intercountry adoption, adoptive parents must meet the age requirements set by both Indian and the child’s country of origin. Generally, the minimum age is 25 years, with a maximum age limit of 45 years for a normal child. However, as with domestic adoption, exceptions may apply for children with special needs or older children.
Approval from Central Adoption Resource Authority (CARA)
For intercountry adoptions, CARA plays a pivotal role in facilitating the process. Indian residents must be registered with CARA, and the adoption must comply with both Indian laws and the adoption laws of the child's country.
Mental and Physical Health
Just like domestic adoption, adoptive parents need to be in good health. However, intercountry adoption requires additional documentation such as medical evaluations and psychological assessments.
Example
Suppose Ravi and Aarti, a married couple aged 32 and 30, respectively, wish to adopt a child from India. They have been married for 5 years, have stable jobs, and a comfortable home environment. After completing the home study, Ravi and Aarti provide medical records showing they are in good health, along with evidence of their stable financial condition. They are found eligible to adopt a child aged between 1 and 3 years.
Alternatively, Neha, a single woman aged 28, decides to adopt a girl from India. After completing the required paperwork, medical evaluations, and home study, Neha is found eligible for adoption. However, if Neha were adopting a boy, the criteria would be different, as single men are not permitted to adopt girls in India.
