Adoption in India is governed by a complex legal framework primarily consisting of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015. These laws outline the eligibility criteria for both adoptive parents and children, as well as the procedural requirements for a valid adoption.
Legal Framework
Hindu Adoption and Maintenance Act, 1956 (HAMA)
- Eligibility to Adopt: Under HAMA, any male Hindu who is of sound mind and not a minor can adopt a child, provided that he has the consent of his living wife unless she has been declared incompetent by a court. Female Hindus can adopt if they are unmarried, widowed, or divorced.
-Who Can Be Adopted: The child must be a Hindu, unmarried, not previously adopted, and under the age of 15 years.
Juvenile Justice (Care and Protection of Children) Act, 2015
- This Act allows for the adoption of non-Hindu children (orphaned, abandoned, or surrendered) and applies to minors under the age of 18. It establishes procedures for the adoption process through designated agencies.
Conditions for Valid Adoption under Hindu Adoption and Maintenance Act, 1956 (HAMA)
- The adoption must be executed with proper legal procedures, including an actual giving and taking ceremony.
- The adoptive parents must not have living biological children of the same gender as the child being adopted.
Special Considerations
- Intercountry Adoption: Foreign citizens wishing to adopt Indian children must comply with specific guidelines set forth by CARA. Intercountry adoptions are also governed by international agreements such as the Hague Convention on Intercountry Adoption.
- CARA's Role: CARA serves as the central authority overseeing all adoptions in India, ensuring that both domestic and international adoptions comply with legal standards and protect children's rights.
Challenges
Despite legal frameworks in place, challenges persist in the adoption process in India, including bureaucratic delays and a backlog of cases. In summary, adoption under Indian law is a structured yet evolving process aimed at providing stable homes for children while ensuring that legal rights are upheld for all parties involved.
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