“There are no unwanted children, just unfound families.”
Adoption has always been a sacred act performed by the humans. Legal adoption means “to take voluntarily (a child of other parents) as one’s own child especially in compliance with formal legal procedures”.
Adoption can be legal as well as illegal. In India there is no separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
WHO IS ALLOWED TO ADOPT A CHILD IN INDIA?
In India, an Indian whether he is married or single, Non-Resident Indian (NRI), or a person belonging to any nationality (foreigner) may adopt a child. The guidelines and documentation process for each group of adoptive parents may differ.
WHO IS ELIGIBLE TO ADOPT A CHILD IN INDIA?
Under THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 following category of people can make adoptions:
- “Any male Hindu (including Buddhist, Jain or Sikh by religion) who is of sound mind, not a minor and is eligible to adopt a son or a daughter”. But if such male has living spouse at a time of adoption then he can adopt a child only with a consent of his wife (unless she has been declared incompetent to give her consent by the court).
- “Any female Hindu (including Buddhist, Jaina or Sikh by religion) who is not married, or if married, whose husband is not alive or her marriage has been dissolved or her husband has been declared incompetent by the court has the capacity to take a son or daughter in adoption”.
Conditions for Adoption By Hindu Couples or Single Parent
- “In case of adoption of a son by any Hindu male or female, there should not be any living son in the succeeding three generation of the party (whether by legitimate blood relationship or by adoption) at the time of adoption.
- In case of adoption of a daughter by any Hindu male or female, they should not have any daughter or son’s daughter at the time of adoption.
- Where there is an adoption of a daughter by a male then the adoptive father should be at least twenty-one years older than the child.
- Where there is an adoption of a son by a female than the adoptive mother should be at least twenty-one years older than the child”.
WHO CAN BE ADOPTED?
As per the Hindu law following child may be adopted namely-
- The child can either be a girl or a boy if he/she is a Hindu.
- He/ She has not been adopted before.
- The age of the child is below 15 years.
- The child should not be married.
As per the Guardianship law and The Juvenile Justice (Care and protection of children) ACT, 2015 following child may be adopted namely-
- Who is not a Hindu?
- Who is minor (not completed the age of 18 years).
- An orphan or abandoned or surrendered child.
An adoption is a pious act so it should be performed by the people at a large scale because India is a country where there is too much population and there is a huge number of unwanted children.