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What are the eligibility conditions to
adopt?
Marital status
Married couples, single persons, divorcees – all can
adopt but adoption agencies usually do not encourage
adoption by single men.
The
couple should preferably have been married for at least
5 years to attest for the stability of the relationship.
Age
Prospective Adoptive Parents, with a composite age upto
90 years and where neither parent has crossed 45 years
of age, can adopt an infant. These provisions may be
suitable relaxed in exceptional cases for reasons
clearly stated in Home Study Report. However, in no
case should the age of the prospective adoptive parents
exceed 55 years.
In the
case of 'special-needs-children, the age limit of the
prospective adoptive parent(s) may be relaxed by the
concerned State Government.
A
single parent below the age of 45 years and who can
fulfill other criteria can also adopt. The age
difference between the adoptive single parent and the
adoptive child should be at least 21 years. The single
parent should have additional family support system.
Widows can also adopt.
Financial status
Prospective Adoptive Parents should have a regular
source of income with a minimum average monthly income
of at least Rs 3,000 per month. However, a lower income
can be considered subject to the availability of other
assets and support systems such as ones own house, etc.
Physical Fitness & Mental Soundness
Must
be physically fit and mentally sound to rear up adopted
child. Should have a genuine motivation to adopt.
Police Record
Prospective adoptive parents should have a clear police
record.
Whom should I approach regarding
adoption?
You
can contact any of the followings:
1.ACA
of the State
2.Sishu Grehs
3.Placement Agencies
4.Other State Govt. Recognised Adoption Agencies
5.State Adoption Cell, Women & Child Development
Department, Govt. of Orissa
6.Central Adoption Resource Authority
All
the adoption agencies must be recognized by CARA and/or
the State Government.
What Laws are applicable to Adoptions?
Hindu
persons such as Hindu, Buddhist, Jain, Sikh, Brahmo,
Prathana, Arya Samaj, etc. can adopt under Hindu
Adoption and Maintenance Act, 1956. Non-Hindus like
Muslims, Christians, Parsis, Jews, etc. can take
guardianship of a child under Guardianship & Wards Act,
1890. The Juvenile Justice (Children in Need of Care
and Protection) Act, 2000 and its amendment Act of 2006
have also facilitated adoption by all. NRIs and
Foreigners can take guardianship of a child under GAWA.
What is an illegal adoption?
Adoption not formalized in appropriate Court of Law is
illegal adoption. Even adoptions within own family
without necessary legal formalization are illegal
adoptions. Adoptions from hospitals, nursing homes,
religious places, isolated places, etc. are all illegal
adoptions. The child does not get any legal status in
these types of adoptions which also deprive the child
from the right to inheritance and property.
Can I give specifications for the child I
would like to adopt?
Yes,
you can specify the sex, age, religion, birth status,
skin colour, features, etc. However, every additional
specification lowers the chances of prospective adoptive
parents getting the child.
I have a son. Can I adopt another male
child under HAMA?
No.
Under HAMA, if you have a son, you can adopt a daughter
and vice-versa but not of the same sex.
I have a daughter. Can I adopt another
female child?
Yes,
you can. Under Juvenile Justice Act which has provision
for adoption of child of any sex irrespective of number
of biological living children.
What are the Adoption Costs?
In-country adoptions are governed by revised guidelines
issued by CARA, effective June 2004 vide Notification No
–18-8/2003-CW. These guidelines supercede all earlier
guidelines and instructions on in-country adoptions
issued by CARA from time to time. The details given
below are in keeping with the revised guidelines.
The
CARA Guidelines permit an Adoption agency to recover
costs, as follows.
-
Registration fee of Rs 200.
-
Home Study fee of Rs 1000.
-
Maintenance charges not exceeding Rs. 15,000, @
Rs.50 per day from the date of admission till the
child is placed in pre-placement foster care.
-
In
case of special medical care, hospitalization
charges subject to a maximum of Rs. 9000/- may be
claimed on production of actual bills.
-
Legal fees and scrutiny fees to be charged on
actuals.
NGOs
and Government Homes getting grant-in-aid from the
Central Government Scheme can claim maintenance and
legal fees only as per provisions laid down in para 5.4
of the scheme.
The
actual recoverable fee will be prescribed by the Court
issuing the Adoption Order.
Is
there any priority to in-country adoption?
Yes. As per the CARA Guidelines, the order of priority
for adoption of Indian children is as follows:
1. Indian Family resident in India.
2. Indian Family residing abroad.
3. One parent of Indian origin; couple residing
abroad.
4. Totally Foreign nationals
How
long does the Adoption process take?
A domestic adoption (Indian parents in India) takes
about 6 months after the child is identified.
What kind of information can I expect to
get from the Indian Agency about the adoptive child?
The
Indian Agency should be able to provide information
about the child's birth, age, religion, circumstances
under which s/he came into the agency, medical history
and legal status.
Adoption and Regulatory Agencies
How does one select an adoption agency?
A list
of agencies authorized to handle adoptions in India is
available on the Bulletin Board of this web site and, on
the CARA Web site . One may deal directly with a
particular agency. In case prospective parents need to
validate the antecedents/ capabilities of a specific
agency, they may seek the assistance of the Voluntary
Coordinating Agency (VCA) in the particular City/ State.
A VCA is an agency that coordinates with a set of
adoption agencies in a given location. The VCA also,
acts as the authorized representative of CARA. A list of
VCAs is available on the on the Bulletin Board of this
website and, on the CARA Website
One-page information and contact numbers / addresses/
website links, on Agencies who are CSA Members are also,
available on the Bulletin Board of this website.
What is CARA?
CARA
or the Central Adoption Resource Authority is an
autonomous body under the Ministry of Social Justice and
Empowerment; CARA functions as the Central Authority of
the Government of India in matters relating to
adoptions, including Inter-country adoptions. CARA
promotes and monitors Indian adoptions. It prescribes
policy, rules and regulations and guidelines on adoption
from time to time. All registered agencies must adhere
to CARA Regulations/ Guidelines.
Central Adoption Resource Authority
West
Block VIII, Wing II, 2nd Floor
R.K.
Puram, New Delhi – 110 066
Tel:
+91-11-26105346, 26180196, 26180194
Telefax: +91-11-26180198
E-mail:
cara@bol.net.in
Website: www.adoptionindia.nic.in
Who should be contacted, if one wants
information on Adoption Agencies in a particular
State/region/ City?
The
Voluntary Coordination Agency in the specific region
would be best able to give information on agencies
within its jurisdiction.
What is a VCA?
Voluntary Coordinating Agency or VCA, as is popularly
known, acts as a link between the prospective adoptive
parents and the children waiting for families in
different adoption agencies. It facilitates adoption
activities through coordination and works for the
rehabilitation of orphaned and abandoned children in
suitable Indian families through legal adoption. The
Supreme Court Judgement of September 27, 1985 recognised
the role of VCAs and recommended that such agencies are
to set up in each State. Currently, there are 13 VCAs
operating in the Country in 10 different States. Sanyog
is functioning as VCA for the State of Orissa since
September 1997.
I am from Bhubaneswar. Can I adopt a
child from Bangalore?
Yes,
you can. You may contact the VCA of the city/State for
the purpose.
Childcare
What kind of information should one seek about the
child?
The
medical history of the child is very important. It may
even be worthwhile to have the child examined by a
physician before the adoption is formalized.
Also,
it is important to be aware of the circumstances in
which the child was brought to the agency. It is likely
that a child who has come into the adoption stream at an
age beyond infancy, has been exposed to social,
emotional and physical influences which can have an
impact in the child's future growth. Every Aparent must
make a considered decision about the child being adopted
and it is important that they be aware of such
characteristics such that they can be dealt with
appropriately, should the need arise.
In the
case of Inter- country adoptions, there are many
additional factors that need to be considered when
deciding to adopt a child from India. Indian children,
especially those beyond infancy, may have been exposed
to social and physical influences that are very
different from that of the adoptive parent(s).
Certain health risks may exist, the child may have
experienced poor prenatal care, early neglect, and a
lack of health care services. The child may not have
been immunized. The birth parents' medical histories,
including any inheritable diseases, may not be known. It
may be worthwhile to get the child medically examined by
a "panel physician." (Many embassies have a panel of
physicians for immigrant visa issuance).
For
those adopting an older child, a psychiatric evaluation
can help determine any emotional or mental problems due
to early trauma, neglect, lack of permanent home, or
abuse.
The
food habits, religious practices and health and hygiene
considerations may also, be different.
Is information about the birth parents
available with an adoption agency?
To the
extent possible, adoption agencies collect information
about the biological parent/s. The agency will not
however, part with the complete information particularly
the contact details of the biological parent(s). The
health status of the child, medical history of the
parents, family background, and other non-identifying
information is shared with the adoptive parents.
Interaction between adoptive and biological parent(s) or
between the adopted child and the biological parent(s)
is not encouraged.
Through what sources are children received for
adoption?
Children can either be relinquished, abandoned or,
court- committed.
In
India, a child born outside wedlock is generally not
socially accepted. Unwed mothers or, a married woman who
has had an extra- marital relationship, are sometimes
compelled to relinquish the child, due to family and
societal pressures.
A
surviving parent who, after the death of his/ her
spouse, is unable to look after the child, may also,
relinquish the child.
The
relinquishing parent/ guardian signs a document to this
effect after which the child may be placed for adoption.
A
child may be abandoned in a public place, due to
circumstances described above or, when the child is
handicapped/ challenged and the parents/ guardians are
unable to take care of the child. The Juvenile Justice
Court has the authority to allow adoption of the child
after ascertaining that there are no biological
claimants for the child.
A
child who is court-committed. The state government is
authorized to declare the child a destitute and permit
his/ her adoption.
Should I expect the adopted child to have
emotional/adjustment difficulties?
Much
would depend on the age of the child. A grown-up child
would come with a certain amount of baggage stemming
from the emotions that s/he has gone through, the
life-style, religious, and food habits at the agency/
foster-home, the health status, etc. Some adjustments
would of course be necessary; but they are all a part of
the total process which is generally, very satisfying.
Can
you describe the general food habits of Indian children?
The
diet of children in Indian Adoption agencies is most
often vegetarian. 2 main meals- lunch and dinner are
generally a combination of rice, pulses, cooked
vegetables and a home- made bread. Indian children may
not be used to eating meat and may have to be gradually
inducted. Milk is drunk warm and food off the
refrigerator is not common.
Indian
children would like to eat sweets; they are
representative of festivity.
What is the success rate of adoptions?
It is
generally understood that in India, the rate of success
is very high. There are a few instances of disruptions.
The process of adoptions is primarily one of adapting
and bonding and success depends largely on parenting
skills.
Is bed-wetting to be expected?
In
some cases 'yes'. But in most cases, no more than
applicable to a natural child.
In case of adoption into a family where
there is already a biological child or, one adopted
earlier, is sibling rivalry to be expected?
In
most cases, no more than one would expect with two
biological children.
What kind of initial adjustment
difficulties am I likely to face?
Initial adjustments after the child had arrived depend
largely on the age of the child and the circumstances in
which s/he was brought to the agency and her/ his
experiences pre-institutionalization/ pre- adoption.
This would differ on a case to case basis.
Must I tell my child that s/he is
adopted?
Most
certainly; agency workers in most cases insist that the
child should be told at an appropriate time. The child
must learn of her/ his adoption from the adoptive
parents and, not from outside. This makes a huge
difference in her/ his handling of the grief of
separation from the birth parent and, facing the reality
of being relinquished. |
