Child adoption – understand legalities

Over a period of time in India the couples have become very open for child adoption. There are more and more families who are into adoption child for various personal reasons. Adopting a child is supposed to be a kind deed; but everything has a process. Before you decide to adopt a child, it is very vital that you understand the procedure for the same. There are many legal formalities and documentation that is required in order to adopt a child. It is not possible to just go to an orphanage and ask them and adopt a baby of your wish. There are various responsibilities and costs linked to the process of adoption.

Every country has different rules and regulations – some of them are easy to follow while few have very stringent rules. In India if i want to adopt a child there are some strict rules to be followed in order to adopt the child. Let us understand them –

Who can adopt a baby?

In India, the child can be adopted by an Indian, Non-Resident Indian and a foreigner. There is a detailed child adoption process for each of them which are mentioned in the law. The prospective parents have to follow the detailed documentation and guidelines in order to adopt the child. In India, a Non-resident Indian, Indian or a person who is a foreign citizen has the right to adopt a child. It is not mandatory that the married couples only adopt the child; even single parents can adopt a child. In India, earlier a single male was not allowed to adopt the child, but after the dance instructor Sandip Soparrkar adopted a male child, the rules have changed. While a single female or a couple can adopt any child in case of a single male, he can only go on to adopt a male child.

What the conditions for the parents to adopt the child?

When the person decides to adopt a child; it is vital that they are mentally and financially able in order to look after the child. The person who is adopting the child must be 21 years of age. In case of upper age limit there has been no specified limits. In case of a normal child the adoption age is up to 12 years. In case of a child who has special needs the age limit is relaxed depending upon the rules of the government. The upper limit age for the parents is generally up to 55 years. Indian citizens are generally Hindus, Jains, Sikhs or Buddhists – all of them have the right to adopt the child. The act which is applicable for the adoption of child is called as the Hindu Adoption and Maintenance Act of 1956. As per this act the couples or unmarried person cannot adopt more than one child of the same sex. Those who are foreign citizens, Parsis, Jews etc. are allowed the custody of the child till the child is 18 years of age. This is as per the Guardian and Wards Act of 1980.

Thus, child adoption is a very noble deed; but one has to understand and follow the rules and regulations before they decide to take the child. Another important thing is that the parents should be financially ready to take care of the child.

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