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

Adoption Rules in India


Keywords: Adopt | Adoption | Indian | NRI | Foreign citizen | Single parent | Sandip Soparrkar | Age limit | Adoption agency | Guardian and wards Act |


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.


       
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Recent comments on This
Name: Abhishek,
Country: India

Hi Friends This is Abhishek From Delhi and we got married in the year 2007 and still dont have any child . We are well settled with own house in Delhi .I wanna adopt a Male / Female new born Child. Please help me if you can. Thanks & Regards. Abhishek
 
Name: Prathap Chandran,
Country: India

Looking for a women age group between 35-50 yrs for our home at kerala. Home includes My father, mother, my wife and kids. I am resinding in Saudi Arabia and will be coming every ever 1 month. We want to adopt and will keep as our family member for ever. So if anyone interested may please reply in prathapcg@yahoo.com. Thanks..
 
Name: Surinder,
Country: India

Hi, I am 39 yrs male married but my divorce case in court can I adopt a child.
 
Name: reddy,
Country: South Africa

i have a friend who wish to adopt a baby from india..she & her husband are financially secure with a good home & stable family background. i would love to hear from u. email id is pinkyreddy15@yahoo.c om
 
Name: Darren Clark,
Country: U.S.A.

Hello, I'm a 42 year old American male and would like to adopt a male child. I will be visiting Mumbai in February so I'm trying to find out more information as to adoption possibilities. Thanks for you time. Darren Clark standuptall@gma il.com
 
Name: V.Narsamma,
Country: India

I want to adopt male child with an age between 3-5 years. the child must me fair, healthy and andhra pradesh residential. if any one have idea about the child please contact me at 9701324163
 
Name: ansh chatterjee,
Country: India

if u want a child contact me i can help u mail me at ansh_veerani@rediffmai l.com
 
Name: N.Mukherjee ,
Country: India

hELLO, ARTEMIS-cIRCLE OF lIFE, ME & MY HUSBAND ARE COUPLE LIKE YOU (ME BENGALI BRAHMIN & HUSBAND, BENGALI-KAYASTHA). WE HAVE NO BIOLOGICAL ISSUE AND LOOKING FOR ADOPTION. WE BOTH ARE GAZETTED GOVT. OF INDIA OFFICERS WORKING AND WELL-SETTLED IN DELHI. WE HAVE 100% SUPPORT FROM OUR RELATIVE'S SIDE (pARENTS AND IN-LAWS). I AM INTERESTED TO MAKE A BUTIFUL FAMILY WITH YOUR NEW BORN. WE ARE EVEN INTERESTED FOR OPEN ADOPTION AND WONT HESITATE TO REMAIN IN TOUCH WITH YOU. IF INTERESTED, PLZ. CONTACT: Nine Eight Seven One Four Six Zero Three Three Three. In any case I would request you to remain calm and cheerful at this stage..babies are god's gift...and God has his strange ways to take care of his babies..so feel proud that you are going to bring a new life in this world..Take Care...
 
Name: Rahul Kumble,
Country: India

We're looking forward to adopt a girl child, healthy, fair, 1 to 4 years age, any race/religion. We have a 4 year old male child. Looking forward to welcome a girl-child in our family. My email id:- rahul_kumble@red iffmail.com
 
Name: RABINDRANATH.BISWAS ,
Country: India

Hi,me and my husband are both in our mid FORties and have been married for several years. We do not have any kids and are planning to adopt a MALE OR FEMALE child from India (preferably a toddler, till the age of 5). Would anyone be able to guide me on the process, time and associated, starting from scratch? We are an Indian origin. .MY MOBILE NO. IS 9831141653/9143055018 /9153728781/9163889158.MY EMAIL ID bhandari.soumya12@gmail .com Thanks.
 
Name: RABINDRANATH BISWAS,
Country: India

SIR,I AM MARRIED AND MY AGE IS 42.STILL NOW I HAVE NOT A BABY.I AM A CENTRAL GOVERNMENT EMPLOYEE WANT TO ADOPT A BABY IF ANYBODY HELP ME I AM VERY MUCH THANKS TO HIM/HER.MY MOBILE NO. IS 9831141653/9143055018/9 153728781/9163889158.MY EMAIL ID bhandari.soumya12@gmail.c om
 
Name: Amreet Singh,
Country: Malaysia

Hi..me and my wife are sikhs born and living in Malaysia, it's been 5 years of marriage and still have no childrens, and we both have decided to adopt a child, im looking for a child who is about the age of 1 or 2 years old and a sikh fair child and the gender doesn't matter. Would appreciate if anyone could let me know how do i go about this process? thank you so much in advance & i can be contacted via my email address at amreetz@yahoo.com
 
Name: Gopal,
Country: India

Hi. We are a South Indian family settled in Singapore. We are looking for a baby girl to adopt. We have a son of 6 years old and want to welcome a girl to our family. pls mail me on fc@safcointl.com
 
Name: jasie.bains ,
Country: Canada

Hello. We are adopting a child from India. We have made adoption deed from local tehsil and received the child. Then applied for guardianship order at dist court where child lives with our sister. Dist court judge did not allow the petition saying that we should have applied in the jurisdiction where biological parents live. Is that the condition. Can we apply to high court. DO the high court (it covers the jurisdiction both for biological parents and where child lives now) has the authority to allow the petition. Is there any notification that gives high court the power for guardianship order. Any reference or source of information or any document in this regard would be appreciated. Thanks,
 
Name: Reya,
Country: India

I am a divorcee... 27yrs... I would like to adopt a baby girl, less than one year old... What are the formalities? How difficult would it be? Please email me at reya_aa@yahoo.com
 
Name: Hello,
Country: India

Please somebody help me. Please reply my Email- trueloveneverdie.debarati@g mail.com
 
Name: Hello,
Country: India

Country: India. Kolkata I am 25 years old and my husband is 27 years. .As we had no child after marriage for than 3 years we decide to adopt a new born baby. I want baby girl, age 1day to 15day. please contact me trueloveneverdie.deba rati@gmail.
 
Name: Moon,
Country: India

If there is anyone I can contact or email, I will take it from there.
 
Name: Moon,
Country: India

Hi,me and my husband are both in our mid thirties and have been married for several years. We do not have any kids and are planning to adopt a female child from India (preferably a toddler, till the age of 5). Would anyone be able to guide me on the process, time and costs associated, starting from scratch? We are foreign nationals of Indian origin. Thanks.
 
Name: Debarati.Bose ,
Country: India

I am 25 years old and my husband is 27 years. .As we had no child after marriage for than 3 years we decide to adopt a new born baby. I want baby girl, age 1day to 15day. please contact me trueloveneverdie.deba rati@gmail.
 
Name: vimal,
Country: India

I am 29 year old and my wife is 26. we like to adopt a baby girl.I am work as Financial profession.As we had no child after marriage for than 3 years we decide to adopt a kid . please contact me at vimalragavendar@gmail.com
 
Name: vimal,
Country: India

I am 29 year old and my wife is 26. we like to adopt a baby girl.I am work as Financial profession.As we had no child after marriage for than 3 years we decide to adopt a kid . please contact me at vimalragavendar@gmail.com
 
Name: vinita,
Country: India

i m mother of 15 year old daughter. i wish to adopt a baby girl who is a year old or less . i have my own home and have my own business. Pls contact me vin70s@yahoo.com
 
Name: Kalaivani,
Country: India

I am 23 years old and am an orphan.I wish to adopt a boy baby.I can take care of it throughout my life.i dont have anyone.i want to be a single mother throughout my life to that baby and wil not marry anyone please let me know to my mail id kalaivani.nec@gmail.com.I am working as a software engineer in chennai
 
Name: Kalaivani,
Country: India

I am 23 years old and am an orphan.I wish to adopt a boy baby.I can take care of it throughout my life.i dont have anyone.i want to be a single mother throughout my life to that baby and wil not marry anyone please let me know to my mail id kalaivani.nec@gmail.com.I am working as a software engineer in chennai


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