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ADOPTION IN INDIA: AN OVERVIEW

Courtesy/By: Aarushi Ghai | 2020-12-16 09:52     Views : 273

Children are considered to be a blessing of God, and a bundle of joy. They add up the happiness of a couple. There are children born around the world, but not all of them, are with families, safe and healthy. Many children are abandoned by their parents due to an end number of reasons, and therefore, they are given for adoption through a legally recognized agency. 

Adoption is a process, by which all the parental rights over a child are transferred from the biological parents to the adoptive parents. In earlier times, the practice of adoption was looked down upon by society. However, the mindset of people has changed with time. Now the need for adoption has grown all over the country. Adoption has created a new chance for couples who are not able to have children and even people who want to become a single parent. 

Various laws govern the process of adoption in India these laws are depended on the personal laws, i.e. the religious laws of a person. Under Hindu law, the practise of adoption has been recognized for a long time, and therefore the process is also defined under the Hindu Adoption and Maintenance Act. Section 6 to section 11 of the Hindu Adoption and Maintenance act lays down the essential conditions which need to be fulfilled for adoption by a Hindu. But this is not the case under all religions. For Muslims, Parsi, Christians, and Jews in India, adoption is governed by the Guardians and Wards Act, as their personal laws do not recognize adoption. Under the guardians and Wards Act, the adoptive parents have given the position of the guardian and not the position of an adoptive parent.

There are a common set of rules and regulations which are followed across India for adoption. CARA i.e. central adoption resource agency is an organization that regulates adoption all over the country and acts as a single authority. The agency regulates both; intercountry adoptions and intra country adoptions as well. The agency is a part of the Ministry of Women and child care. There are certain guidelines that have to be followed and abide by during the process of adoption, these guidelines state the following points

  1. Who can adopt a child in India? The eligibility of parent(s) 
  2. When can the child be adopted? 
  3. What are the conditions to be fulfilled by parents? 
  4. How to adopt a child in India? What are the legal steps to be followed?

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Courtesy/By: Aarushi Ghai | 2020-12-16 09:52