Before the year 2015, The only religious communities that could adopt children were Hindus, Sikhs, Buddhists and Jews, whose personal law, codified in the form of the Hindu Adoption and Maintenance Act, 1956, allowed for adoption of children.

Specifically, Islam, Christianity, Judaism and Zoroastrianism — were essentially prohibited from adopting children, as their personal laws did not permit it.

INTRODUCTION

In this write-up, we shall discuss about the Eligibility criteria for adopting a child in India under The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). This act has integrated the Indian law on adoption, which was scattered and ridden with religious requirements before 2015.

Post Enactment of JJ Act, 2015 a Study shows that 60% Children Adopted in India Between 2015 & 2018 Were Girls this ultimate change happened just because of the developments in the Child adoption law in India this also sets some eligibility criteria which is discussed below for you to effectively follow the guidelines.

1. Marital Status

You do not have to be married in order to be considered for the adoption of a child. However, there are different eligibility criteria, depending on whether you are married or single. The criteria are:

• Financial Status

The law has not specified minimum income levels as an eligibility criterion, the social worker (who is assigned to conduct the home study) will evaluate the capability and motivation of the prospective adoptive family to provide reasonable living standards to the child.

• Health

• Existing Child or Children

Under the law, couples with three or more children will not be considered for adoption. However, following cases are not covered in existing child eligibility criteria:

• Age Criteria

The minimum age difference between the child and the prospective adoptive parent must be at least 25 years. In the case of a couple who wants to adopt, the combined age.

There are age criteria that must be conformed to, in order to adopt a child falling within a certain age bracket.

The Juvenile Justice (Care and Protection of Children) Act, at a Glance:

While India’s gender ratio might be skewed, but for parents who are looking to adopt, a girl child is slowly becoming their first preference. Though after enactment of JJ Act different parameters have been set in India to adopt a child.

Since, there was no uniform legal framework that governed the adoption of children. Thus, adoptions were a purely religious matter before the year 2015.

Adopting a child in India confers a serious responsibility upon a Parent. Once the adoption has been formalized, the child will become the lawful child, with all the rights, responsibilities and privileges that are attached to a biological child.

CARA (Central Adoption Resource Authority)

1. CARA is the nodal body for adoption of Indian children and is mandated to promote and facilitate in-country adoptions and regulate inter-country adoptions, as Central Authority of Government of India.
2. The parent(s) who wishes to adopt a child is required to register online with CARA where they can state preferences and upload the documents, as mentioned on its official website.
3. Once the registration is received, the parent can select a Specialized Adoption Agency, selected from place of residence, for Home Study that is conducted through a social worker
4. The report remains valid for three years and confirms the suitability of the parents for adopting a child. After they are found to be eligible and suitable, they are given referrals of children legally free for adoption.
5. Apart from resident and non-resident Indians, even overseas citizens of India and foreign parents can adopt children from the country.
6. The prospective adoptive parents have to reserve a child referred to them within 48 hours. An appointment is thereafter fixed with the adoption committee of the agency for matching the PAP with the suitable child.
7. Website cara.nic.in, send email to [email protected] or avail the toll free helpline 1800-11-1311

Ending Note:

The need of the hour is to sensitize not just parents but also the future generation in schools and other institutions for increased acceptance of adoption.

It is always advised that the child must be made aware that he or she has been adopted in due course of time, at an appropriate age and in an appropriate manner. Adoption is not a taboo but an alternative way of making a family.

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