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Adoption Topics..
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You are here : home > Adoption > Private Contracts vs. Legal Adoption > Adoption Rules in India

Adoption Rules in India


Are you considering adopting a child? Here are some of the basic rules you need to know about this process.


Who is allowed to adopt a child?

In India, an Indian, Non Resident Indian (NRI), or a foreign citizen may adopt a child. There are specific guidelines and documentation for each group of prospective adoptive parents. A single female or a married couple can adopt a child. In India, a single male is usually not eligible to be an adoptive parent. An exception to this rule is the noted dance instructor Sandip Soparrkar, who has recently adopted a young boy. This is a special case rather than the norm. A single man desiring to adopt a child may be eligible if he applies through a registered agency. However, he will still only be able to adopt a male child.


What are the conditions to be fulfilled by an adoptive parent?

An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years.

In the case of adoption of older children, the age of the parents may be relaxed accordingly. For example, for a one-year-old child, the age limit is 46 years, for a two-year-old child, it is 47 years and so on. The upper age limit for an adopted child is 12 years while for an adoptive parent it is 55 years. In the case of an adopted child with special needs, the age limit may be relaxed marginally by the state government, depending on the evaluation of the case. However, in all cases, the age of the parent cannot exceed 55 years.


What are the laws governing adoption?

Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.

Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian. There is also a Juvenile Justice Act of 2000, a part of which deals with adoption of children by non-Hindu parents. However, this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.


Can a parent ask for a specific child?

An adoptive parent is allowed to ask for a child, as per her preferences. For example a parent may ask for a child of a certain age, gender (if it is the first child in the family), skin colour, religion, special features, health condition, etc. However, greater the specifications, more difficult it is to find a child who conforms to them. This restricts the pool of children available for adoption.

Depending on the adoptive parent's desired details, children are scrutinised to find a suitable match. When a child with the desired characteristics is found, she is shown to the prospective parents. In case the parents are unhappy with the selection, about two more children with the same characteristics may be presented to the parents.


The entire adoption process takes some months to complete. However, when all the hurdles are cleared, you are ready to welcome your new child to the family.

Back to Previous Page   |   More on Adoption Index

Recent comments (194 comments)
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Comment: 
Name: Puru
Country: U.S.A.

I am 51 years old and my wife is 50. I am a software engineer working in America and I am financially well-to-do. We would like to adopt a child around 3 yrs old. Can you please help us?
 
Name: Sambasiva rao
Country: India

i am. Divorced male wants.to adopt.girl child newly born or between 1and 3 yrs age pls advice thanks my age is 32 yrs
 
Name: Nikhil
Country: India

i am.single male wants.to adopt.girl child newly born or between 1and 3 yrs age pls advice thanks my age is 35 yrs
 
Name: smitha
Country: India

Hi, im 27 and im planing to to adopt a baby girl. Even though im nt planning for a marriage. My financial status is below average but im looking forward a job in Dubai. I can give all the love and care like how a mom can give. Kindly can uu help me out with the rules and regulations. Thankyou
 
Name: kailash
Country: India

want to adopt a baby boy,preferably new born or less than one year old. please help.
 
Name: Jyoti
Country: India

I am 52 years old, my husband is 48. I am a qualified CA, and my husband and I run our own business in India. We would like to adopt an older child, or perhaps 2 children - around the age of 8 or 10. It would be ideal if the two children are siblings. Can you help us.
 
Name: shweta
Country: India

hi Am in indian single lady not married.am 40 years of age and would adopt a child.Right now in UK but will be relocating to India in 2 yeras time.Kindly higlight me about the requirement and process and cost of adopting a child thanks
 
Name: padmanabh puranik
Country: India

Me and wife would like to adopt a child boy, we are married for 5 yrs no issue can u help us find one. to adopt a child
 
Name: IrelandcallingIndia
Country: Ireland

There are million of orphan children in India and hundreds of prospective adoptive parents in Ireland deemed suitable to adopt by the authorities who would wish to adopt special needs, older and sibling children but red tape and bureaucracy in their own country is preventing children from getting a home and a loving family. Because of senseless delays caused by semi-government bodies both the PAPs and the chldren are being aged out of the process. Please sign the petition for the Adoption Authority of Ireland to stop red tape and start working on sending dossiers to India. http://www.ipetition s.com/petition /for-the-adopt ion-authority- of-ireland-to- send
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: pawar jaipal
Country: India

some one adopt me pls
 
Name: caroline randhawa
Country: Ireland

Hi. My husband is indian but we live in ireland and wud love to adopt from india. Adoption in ireland can take years. Its a very long process so I wanted to know how we could adopt a child quicker? Could my husband adopt the child as he is from india and then we take the child to ireland?
 
Name: caroline randhawa
Country: Ireland

Hi. My husband is indian but we live in ireland and wud love to adopt from india. Adoption in ireland can take years. Its a very long process so I wanted to know how we could adopt a child quicker? Could my husband adopt the child as he is from india and then we take the child to ireland?
 
Name: caroline randhawa
Country: Ireland

Hi. My husband is indian but we live in ireland and wud love to adopt from india. Adoption in ireland can take years. Its a very long process so I wanted to know how we could adopt a child quicker? Could my husband adopt the child as he is from india and then we take the child to ireland?
 
Name: vaibhavras
Country: India

hi, we have one son and we are based outside india we want to adopt girl with in the age limit of 1 to 3 years. please guide us with the process. thanks


 

 
 
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