ADOPTION PROCESS/ ADOPTION PROCEDURE

INTRODUCTION
Adoption is a process whereby a person assumes the parenting of another, usually a child, from
that person's biological or legal parent or parents, and, in so doing, permanently transfers all
rights and responsibilities. This process could take a long going through court. Adoption is the
legal act of permanently placing a child with a parent or parents other than the birth parents. In
this process, the parental rights of the birth parents are permanently terminated. The adoptive
parents then assume full legal responsibility for the child. The child, in turn, gains the same
legal rights as that of a child born to the adoptive parents. Adoption involves a great deal of
paperwork, as well as the assistance of lawyers, social workers, and judges to finalize the
process. It is a permanent arrangement, just like a natural parent-child relationship. However,
for most families, adoption is ultimately an act of love and the desire to enrich their family and
the life of the child who becomes a part of that family.

DEFINITION OF ADOPTION PROCESS

 Adoption is a way of providing new families for children who cannot be brought up by
their birth parents or within their birth family.
 Adoption is a lifelong commitment to the child or children who become a full member
of the adoptive family.
 Adoption is a legally regulated process which has to be carried on the basis of regulation
laid upon by the government. It is only carried through recognised agencies only.
 Adoption Process: According to Rogers, “ adoption process is the mental process
through which an individual passes from hearing about an innovation to final adoption.”

OBJECTIVES OF ADOPTION
1. Assist the family that are unable to raise and up bring their children.
2. People such as in term of complementing the family of a couple who have few or no
children at all.
3. One of the means to protect children without family.
4. To protect children who are subject of abuse.

Forms of adoption
Contemporary adoption practices can be open or closed.
1. OPEN ADOPTION: It is also known as fully disclosed adoption. In this there is
communication of the information between adoptive and biological parents,
Communication may be including letters, emails, telephone calls, or visits.
2. CLOSED ADOPTION: It is also known as undisclosed or secret adoption. In this there
is no communication of information between biological parents and adoptive parent.

WHO CAN ADOPT?

There is a long list of factors that prevent people from adopting this isn’t the case! What is
important is your ability to provide a loving home to a child and give them the time and
commitment they need.
1) You need to be aged 21 or over. There is no upper age limit, as long as you’re
healthy enough and are expected to have the energy needed throughout their
childhood.
2) Both single and married people adopt.
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 3) People of all faiths or no faith can adopt.
4) You don’t have to own your own house.
5) Married couple having 20 infertility.
6) Married couple undergoing treatment for infertility.
7) Single person desiring to adopt.

CRITERIA OF ADOPTION OF CHILD

According to Hindu Adoption Act 1956 Juvenile Justice Act 2000.
1) The desirous couples should have a reasonable and regular source of income to support
the needs of the child within the family.
2) Neither of the couple should have a major illness that can come in the way of parenting.
3) Neither of the couple should have criminal record.
4) The composite age of the decisions adaptive couple should not exceed 90 years for
infants.
5) If single one can adopt upto 45 years of age.
6) The age difference between the adopted person/ couple and the adopted child should be
atleast 21 years.
7) If single one should also have an additional family support.

CHILDREN WHO CAN BE ADOPTED

The Government of India has provided regulations on children who can be adopted. The
following children can be adopted.
1) Identified couples undergoing treatment for infertility.
2) Direct surrender by biologist parent(S)/ unwed mother through a recognized adoption
agency.
3) An adandoned child which has been referred to the Child Welfare Committee(CWC)
and has been declared ‘free for adoption’ by the CWC under the Juvenile Justice Act
2002.

AGENCIES INFOLLWED IN ADOPTION

One can adopt the child through the following :
1. Recognized Indian Placement Agency(RIPA).
2. Shishu Grehas getting grant An aid from Central Government.
3. Licensed Adoption Placement Agencies(APA)Adoption Coordinating Agencies and
State Adoption.
4. CARA: Central Adoption Resource Agency
5. EFAA : Enlist Foreign Adoption Agency.

INDIAN ADOPTION LAWS

 All the matters related to adoption are dealt by the Ministry of Welfare (now known as
Ministry of Social Justice and Empowerment), as stated by the Indian Government. One
can go to the CARA that has its headquarters in Delhi in order to deal with all matters
related to adoption in India. The adoption procedure is centered on the legislations as
given below that are applicable and is based on the religion of the interested adopter.
 Indian citizens can adopt in India under three major legislations:
1. The Hindu Adoption and Maintenance Act of 1956

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 2. The Guardians and Wards Act of 1890
3. The Juvenile Justice (Care and Protection) Act of 2000, amended in 2006.

1. The Hindu Adoption and Maintenance Act, 1956 (HAMA)

The HAMA is the only existing act that provides basic strategies and course of action for
adoption to Hindus in India. Hindu, in this category is defined as any person who is a Hindu
by religion or its forms like Buddhists, Jains, Brahmo, Sikh, Prarthna or Arya Samaj. According
to this act, if a couple already has a child then they can only adopt children belonging to the
opposite sex of that child. The adoption cases are handled by the city civil courts.
This Act covers Hindus, Buddhists, Jains or Sikhs. Some relevant parts of the Act are:
o Married couples or single adults can adopt;
o Legally the man adopts with the consent of his wife;
o A single man or woman can adopt;
o If a biological child already exists in the family, a child of the opposite sex has to be adopted;
o Children adopted under this Act get the same legal rights as a biological child might;
o Children under the age of 15 years can be adopted;
o A single man adopting a girl should be at least 21 years older than the child;
o A single woman adopting a boy should be at least 21 years older than the child; and
o Adoption under this act is irrevocable.

2. The Guardianship and Wards Act, 1890

The Guardianship and Wards Act 1890 gives the full guardianship authority to non-Hindus
who are governed by their religious personal laws like Muslims, Christians, Parsis and Jews.
The guardians have to give an investment plan and invest a certain amount of money for the
security of the ward. The adoption cases are handled by high court or family court.
Before the Juvenile Justice (Care and Protection) Act of 2000, this was the only legislation that
allowed non-Hindus to adopt. However, this act ended up being the first secular law that
allowed for a child to be adopted in India. The salient points of this Act are:
The parent adopting is a ‘guardian’ and the child is a ‘ward’, meaning that the same rights of a
biological child aren’t inherent;
o Anyone under the age of 18 years can be a ward;
o The guardianship can be revoked by the courts or by the guardian;
o A will is required for any property/goods to be bequeathed to the child;
o This will can be legally contested by ‘blood’ relatives;
o Both spouses can legally be guardians (versus HAMA where the man adopts with the consent
of his wife); and
o Single people can adopt without any age difference restrictions.

3. The Juvenile Justice (Care and Protection) Act of 2000, amended in 2006 (JJ Act)
The JJ Act is meant mainly for the care and rehabilitation of children in conflict with the law.
There was the need for a law that would allow children the same rights, whether they were
adopted or biological. There was also the need for a law that delinked adoption from the
religion of the adoptive parent(s). The JJ Act filled this space and a tiny section was added on
for adoption.
The Amendment Act of 2006 has since expanded the provisions. The main strengths of
this Act are:

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o Any Indian citizen can adopt a child who is legally free for adoption;
o The adoptee gets the same rights that a biological child might;
o The religion of the adoptive parent(s) is not relevant;
o Single people can adopt;
o The adoption is irrevocable;
o Some time limits have been set to ensure that children are considered legally free for adoption
earlier; and
o The thrust is on the best interest of the child.

THE ADOPTION PROCESS

2 Types
A. Incountry Adoption Process
B. Intra Country Adoption Process

A. INCOUNTRY : ( Within India Adoption Process is carried out)

Stage I :Parent should register themselves in the agencies.
Stage II : Home study report(HSR) of parents is prepared by social worker of agency.

DURING HSR :

 Preadoptive counselling session are undertaken by social worker to remove fear and
hesitation of the couple.
 Assessment of the couple is done that whether a couple can parent a child well who is
not actually to them.
 Documents related to financial and health status of parents is checked. This report shall
be accompanied along with the adoption application in any type of adoption. Then the
agency checks for the suitable child free for adoption.
 If no suitable child is found then, couple is referred to adoption co- ordinating
agencies.(ACA’s).
Stage III : When HSR is accepted and approved child is shown to parents. Agency is
responsible for matching the description given by the parents if any. If child is age<6 years –
verbal and written consent of the child is also necessary.
Stage IV : After successful watching a position is filled in court(JJC) for obtaining necessary
orders. This process is completed in 6 – 8 weeks.

FOLLOW UP VISITS
 By social worker till the child is adjusted in new environment.
 It is preferably for continued till one year or as directed by court.
 Follow up regards are sent to districts social welfare. Offices concerned with state
government. Department agency and JJC.
(2) INTER – COUNTRY : (Outside country adoption process is carried out)
Step I : Register with enlisted foreign adoption agency.

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 (EFAA) or Central Authority or Government Department in the country where they
are

HSR will be prepared which is valid for 2 years

If central Authority is not there, then same competent Authority will work. In this, couple
also requires permission from authority to adopt from India to recognised Indian the country
documents should be rotarized( means attested from notary).

Then signs are atleast by Indian Embassy

If documents are in other language the translated application should be attested.

Step II :
After receiving the documents

Match the child legally free from intercountry adoption

If match is not possible within 3 months, RIPA will inform EFAA and CARA with
reasons.

Step III :
Apply to ACA for assistance of Indian placement
ACA will find suitable parent from India within 30 days if it fees then gives clearance
certificate for intercountry adoption on the 31st day.

 Clearance is given in 10 days if age is > 6 years or twins or there is need of

child.
 If one parent out of NRI couple has Indian passport, then clearance is easy and
fast a guidelines are followed as for CARA.

Step IV :
Child study reports are maintained with HSR as per rules of CARA for issuing
of objection certificate(NOC) CARA issues NOC within 15 days from the receipt of documents
– if complete in all aspects.
If any querry and clarification is required, then RIPA has to reply
back within 10 days.

Step V :
Filling petition in court. No application can be filled unless NOC is from CARA.

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  RIPA files in court within 15 days as per supreme court directions, case has to be
finished within 2 months.

Step VI :
RIPA applies for passport in regional passport office in favour of the child. Passport
may be issued within 10 days.

 Visa entry permit isissued by embassy and child travel to adoptive country.

Step VII :
Parents come to India and accompany any child to their country.
ROLE OF MIDWIVES NURSE AND HEALTH CARE PRACTITIONER IN
ADOPTION
 Suggesting and discussing adopted as an option for infertile couples.
 Referring such couples to an appropriate recognized/ licensed agent for information and
guidance.
 Availing services of adoption practitioner to guide and counsel preadoptive and
postadoptive families.
 Arranging meetings with other preadoptive and postadoptive families.
 Guiding the birthing parent(S) to make an informed decision about parenting or
relinquishing the child referring them to a licensed agent, if they decide to relinguishing
the child and recording available information on the birth parent(S) medical history and
current health status.
 Recording and maintaining the details of the child’s birth history and subsequent
medical condition.

BIBLIOGRAPHY

 www.slideshare.com
 Rao KA. Textbook Of Midwifery And Obstetrics For Nurses: First edition.
Elsevier publication; 2011. Pg- no. 284 – 287.
 Gupta P , Sharma S, Kumar.N. A Textbook Of Midwifery And Gynecological
Nursing: First edition. Pee Vee publication. Pg – no. 168 – 169.
 https://www.mentalhelp.net/
 www.royalgreenwich.gov.Uk >..... > Adoption
 https://www.childwelfare.gov/topics/adoption/intro/
 https://en.wikipedia.org/wiki/Adoption