Adoption of children is a legal process in India which brings happiness in the lives of many people. At the same time it also strengthens our sociality. However, not everyone is aware of what is the legal process of adoption in India, which child can be adopted and what should be the minimum criteria for adoption. This is the reason why this time in Prabhasakshi’s special program Jaago Nagrik Jaago, we have discussed Adoption law in India only. As always, well-known advocate Akanksha Singh was present in this program.
Question- What is the legal process for adopting a child in our country?
Answer – The legal process for adopting children has been going on for a very long time in India. In which there have been changes from time to time, but at present there are two laws related to adoption in the country. In which the first is ‘Hindu Adoption and Maintenance Act’ and the second is ‘Juvenile Justice Care and Protection Act’ and under the second legal process, most of the people adopt children.
Question – What are some important things related to adopting a child in India?
Answer – The matter of adoption has been very historical and important in the country, but in this era, any married couple, single person or any person from the LGBT community can adopt a child but the condition for the adopter is this. That he should be mentally and financially prosperous. After gathering all this information, the DM or the concerned court grants him permission to adopt the children. Here also the rule is that a single man can adopt only one boy.
So, a single woman can adopt children of any gender. Also, there must be a difference of at least 25 years between the age of the person adopting and the child. The age difference of any couple should not be more than 10 years and after the birth of a child, the child becomes the full owner of their property. In India, civil laws are mostly described but personal laws are being followed according to tradition. After independence, till 1956, there was only rule that any couple could adopt only a boy, but with the changes over time, this rule has also come under the ambit of law and it is still continuously improving. If a couple already has three children, they have to go through a variety of procedures to adopt a child.
Question – What is ‘Juvenile Justice Care and Protection of Children Act’ 2015 and how is it different from the previous law?
Answer: The previous law was applicable only to the Hindu community. Under which Hindu people could adopt only Hindu children. Which was very limited. That law was based only on religious beliefs under a personal law. After this, in the JJ Act that came in 2015, there has been no discussion about religion and in this the scope of the state has increased significantly for this process. Under the earlier law, the couple did not need to go to court and complete the legal process to adopt a relative’s child, but after the Juvenile Justice Act of 2015, they have to go through this process only. So that the government also keeps an eye on the protection of children and for 2 years after adoption, the state keeps a close watch on the activities of the child and his guardian.
Question – What is the Guardian and Bards Act of 1890 and who is this law for?
Answer: This law has been in force since before the independence of the country. Under this law, adopters could only become guardians of those children, but the adopted child did not have the same rights as their own child. In this situation, the minor adopted child did not inherit the property after the death of the guardian, rather a relative was made the guardian of that property. Now under this new law, the entire responsibility of taking care of the parents lies with the adopted child.
Question – What are the rules for foreign citizens or NRIs in India?
Answer – India had signed such an agreement in a conference held in The Hague in 2003. Under which any foreign person can adopt any child of the country and after going through the normal process, he can become the guardian of that child. In this type of case, the government keeps a close watch on the children even if they live abroad and in case of any suspicion, their parents along with the children can be summoned. Only on paper, the adoption process in the country is considered very good but the reality is quite the opposite. Which is in great need of improvement.
Question – What are the main documents for adoption in India and how does this process start?
Answer – This process starts completely under the control of the government and the final decision is also taken by the government. If the age of the person adopting is more than 55 years, then in this situation he cannot adopt the child. But relaxation in this is possible only if the child is very close to that person. Along with this, many types of rules have been made by the government to calculate the total age of the couple and the age of the children to be adopted. Under which the decision to adopt a child is taken according to the capacity of the parents.
For adoption, first of all the person has to register himself on a government portal. After giving complete information, a government sends one of its employees to his house to verify the information and a report is prepared. Which remains valid for up to 3 years. A new couple must live together for at least 2 years to adopt a child. Apart from this, if a couple already has one or two children, then before adopting another child, it is necessary for them to take permission from the children first.
Question – Do these rules also apply to all single people coming under LGBTQ?
Answer – Of course, any single person from the LGBTQ community can also adopt a child. After which that person legally becomes the guardian of that child. One person from the couple of this community will be the guardian of that child and the other will be his guardian. At the same time, there is currently no law in existence for the third gender. This is also being considered by the government.
Question – Why is the adoption of a child not allowed under the personal law of Muslims, Christians, Parsis and Jews?
Answer: All these people are still following their personal laws at this time. Earlier, Hindu religion was also governed according to personal law, but after improvements in it since 1956, it has been abolished and the government is also discussing about making changes in such rules. There has been a tradition of not adopting a child in these religions since the beginning, which continues till now.
