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Rules of Adoption in India

By  ,  Onlymyhealth editorial team
Oct 24, 2011
4.8 / 5(4 Ratings)

Rules of Adoption in India

Do you want to adopt a child?

Some essentials of adoption that you need to know are given here.


Who is allowed to adopt a child?


In India, an Indian, Non Resident Indian (NRI), or a foreign citizen are allowed to adopt a child. There are specific laws governing adoption for each group of prospective adoptive parents. A single female or married couple is eligible to adopt a child but a single male is usually not eligible to adopt in India. Single male wishing to adopt a child have to apply through a registered agency and they can adopt only a male child.

What are the conditions that have to be fulfilled by an adoptive parent?


There are certain requirements that you have to fulfill before you are considered eligible for adoption

  • You should be medically fit to care for a child
  • You should be financially secure to pay for the expenses of a child
  • You must be at least 21 years old.
  • Although there is no legal upper age limit for parents but most adoptive agencies have their upper age limit. If you want to adopt a child who is less than a year old, the maximum combined age of you and your spouse should be not more that 90 and none of you must be older than 45 years. The age of adoption is relaxed depending on the age of the child. Children as old as 12 years are given for adoption, the upper age limit of adoptive parent is usually 55 years.

What are the laws governing adoption?

  • In India, Indian citizens who are Hindus, Jains, Sikhs, or Buddhists can formally adopt a child under the Hindu Adoption and Maintenance Act of 1956. According to this act a single parent or married couple are not allowed to adopt above one child of the same sex.
  • Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews can adopt under the Guardian and Wards Act of 1890. According to this act the adoptive parent is considered as the guardian of the child until he or she reaches 18 years of age.
  • In addition foreign citizens and NRIs have to adopt the child consistent with the adoption laws and procedures in the country of their residence as well within two years of becoming the child's guardian in India.

All the laws governing adoption will be clarified by the adopting agency tht you have registered with.

Can a parent ask for a specific child?


Yes this is allowed. You may ask for a child, as per your preferences such as a child of a certain age, gender, skin color, religion, health condition. But greater the specifications the longer it may take to find such as child. After a child with your specification is found he or she is shown to you. If you are not contended with the selection, about two more children with the same specifications will be show to you.

Completion of adoption process can take some months after you have decided to adopt a certain child.

 

 

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Comments
  • smith17 Jan 2014
    Hello, My name is Tammy and my wonderful husband's name is Shane. We've been married just over 10 years. We've been for the past 9 years with no luck. We've now decided that adoption is the right option for us. We've been looking into the process over the past year or so. We're not a wealthy family but we have more than enough love to make up for it. We live in a small town in Ohio, We're actually hoping to do an adoption through the birth parent/parents that way the money spent can be put directly towards things for the child rather than wasted on pricey legal fees eat. So my question is, Where do we start? Who should we contact?
  • dr geetha 21 Oct 2012
    can a married woman adopt a child though the husband is against adoption?
  • yogesh 11 Sep 2012
    i want to give my baby to my relatives for adoption guide the legal procedures.
  • SNEHAL R PANDHARE07 Jul 2012
    IM MARRIED BUT SEPARATED FROM HUSBAND STAYING ALONE WORKING IN HOTEL INDUSTRY AFTER 1 YEAR I LL GET GOVERNMENT JOB, WILLING TO ADOPT A CHILD I LOVE CHILDREN VERY MUCH WHAT ARE THE PROCEDURE AND HOW MUCH I HAVE TO PAY FOR IT.
  • Samayita Chakraborty27 Jun 2012
    Hi, I am single. I am unmarried. I lost my parents. I am a single child . I want to adopt a baby. Can I adopt ? I would like to know more about it. Saani
  • Tushar Rambhau rechwad12 Jun 2012
    Hi i m 51 year old my wife is 34 i got marriage last seven year back and we have no child so we hae dicided adopt child can we?
  • R K Ghose30 Mar 2012
    Can a person of age 82 adopt a 27 year unmarried boy?
  • indu12 Mar 2012
    can a person who is on psychiatric drugs, but stable be able to adopt
  • seema01 Feb 2012
    Hi I am seema I have two daughters I wish to adopt a child in order to complete my family. I my self am an adopted child. I have had two cesarians now.I do not want to do through any other treatement I had no sibling of my own so now I want to have a complete family I am financially strong and will be able to provide both finanacial and emotional security to my child just like how my adoptive parents have provided me . I have disclosed this desire to my husband and he has supported me
  • Surinder29 Jan 2012
    Hi I am 39 yrs male married but my divorce case in court can I adopt a child.
  • aanil bhardwaj11 Jan 2012
    can sc cast adopt a genral cast child in this act
  • r k bhatt13 Dec 2011
    is there any lower age limit of the child being adopted?
  • TANIMA SEN29 Oct 2011
    MY HUSBAND AND ME HAVE DECIDED TO ADOPT A BABY.OUR PARENTS DO NOT KNOW ABOUT IT.WE DO NOT WANT THAT THEY KNOW ABOUT IT.IS IT POSSIBLE TO ADOPT A CHILD WITHOUT THE KNOWLEDGE OF OUR PARENTS AND SOCIETY?
  • Hardev Singh05 Oct 2011
    Can two children be adopted by one person at a time?
  • Mishi22 Aug 2011
    Hi all, I m 22 years old my mother died after my birth then my uncle took me with him and nw they have adopted me before 1 year, but nw a problen has occured while making my passport but passport has been rejected they are saying that u r passport will be issue on ur real father name and i want to make it on the name of my uncle who has adopted me i m living with the frm last 18 years. kindly suggest any solution