Introduction

Adoption is an act of legally taking a child into one's family and bringing up the child as one's own. Adoption is a way to provide a family to children who do not have one, and it can be a wonderful option for couples who are unable to conceive or for single parents who want to become parents. In India, the adoption process is governed by the Indian Adoption Act, which was enacted in 1956. This act has undergone several amendments over the years to make it more inclusive and child-friendly.

This blog will discuss the Indian Adoption Act in detail, including its history, provisions, and amendments.

History of Adoption in India

Adoption has been a part of Indian culture for centuries, and there are several references to adoption in ancient Indian texts such as the Manusmriti and the Mahabharata. In ancient India, adoption was primarily done to ensure the continuity of family lineage and to provide a male heir. However, over time, adoption has become more about providing a family to a child who needs one, rather than fulfilling a societal obligation.

The Indian Adoption Act

The Indian Adoption Act was enacted in 1956, and it provides a legal framework for adoption in India. The act lays down the rules and regulations for adoption, including the eligibility criteria for adoptive parents, the procedures for adoption, and the rights of the adopted child.

Eligibility Criteria for Adoptive Parents

The Indian Adoption Act lays down certain eligibility criteria for adoptive parents. These criteria include:

1.    The adoptive parents must be Indian citizens.

2.    The adoptive parents must be physically, mentally, and emotionally stable.

3.    The adoptive parents must not have any life-threatening medical conditions.

4.    The adoptive parents must not have any criminal record.

5.    The adoptive parents must be financially capable of providing for the child's upbringing.

6.    The adoptive parents must be at least 21 years of age.

Procedures for Adoption

The Indian Adoption Act provides for two types of adoption:

1.    Intra-family adoption: This is when a child is adopted by a close relative, such as a grandparent, aunt, or uncle.

2.    Inter-country adoption: This is when a child is adopted by parents who are not Indian citizens.

The adoption process involves several steps, including:

1.    Registration with a recognized adoption agency.

2.    Home study and background check of the prospective adoptive parents.

3.    Placement of the child with the adoptive parents.

4.    Follow-up visits by the adoption agency to ensure the child's well-being.

5.    Finalization of the adoption by a court of law.

Rights of the Adopted Child

The Indian Adoption Act lays down certain rights for the adopted child. These rights include:

1.    The right to be treated as the adoptive parents' biological child.

2.    The right to inherit the adoptive parents' property.

3.    The right to access information about their biological parents, if possible.

4.    The right to know that they are adopted.

Amendments to the Indian Adoption Act

The Indian Adoption Act has undergone several amendments over the years to make it more inclusive and child-friendly. Some of the key amendments are:

1.    The Juvenile Justice Act, 2015: This act amended the Indian Adoption Act to make it mandatory for all adoption agencies to register with the Central Adoption Resource Authority (CARA). CARA is a central government body that regulates adoptions in India.

2.    The Adoption Regulations, 2017: These regulations were introduced by CARA to streamline the adoption process and make it more transparent. The regulations provide guidelines for the registration of adoption agencies, the home study process, and the placement of children with adoptive parents.

3.    The Surrogacy (Regulation)

3.    The Surrogacy (Regulation) Bill, 2019: This bill seeks to regulate surrogacy in India and proposes certain amendments to the Indian Adoption Act. The bill proposes to allow widows and divorced women to use surrogacy to conceive a child, and it also seeks to establish a National Surrogacy Board to regulate surrogacy in the country.

4.    The Rights of Persons with Disabilities Act, 2016: This act recognizes the rights of persons with disabilities and makes it mandatory for adoption agencies to provide equal opportunities to children with disabilities. The act also requires the adoption agencies to make necessary accommodations to ensure that children with disabilities have access to education, healthcare, and other basic needs.

Conclusion

The Indian Adoption Act is an important piece of legislation that governs adoption in India. The act lays down the rules and regulations for adoption, including the eligibility criteria for adoptive parents, the procedures for adoption, and the rights of the adopted child. Over the years, the act has undergone several amendments to make it more inclusive and child-friendly. The adoption process in India is not without its challenges, but the Indian Adoption Act provides a legal framework to ensure that the adoption process is transparent, fair, and in the best interests of the child