What Is Adoption?
The transfer of all parental rights from one person to another person or couple is called Adoption. Although the purpose with which the act is carried has differed but the act of adoption still remains the same. Mainly, adoption was considered as a sacramental act. There has been a sharp argument not only among the writer but also among the judges whether adoption is having a secular motive which predominates or the religious reason predominates. All adoptions after 1956 are secular and valid and for the validity must confirm the necessary of the act. Adoption is not permitted in the private laws of Muslim, Christian, Parsi’s and Jews in India. They usually choose for guardianship of a child through the Guardianship and Wards Act, 1890. People of India who are Hindus, Jains, Sikhs, or Buddhists are permitted to officially adopt a child. Central Adoption Resource Authority (CARA) is the nodal organization to check and control in-country and intra-country adoption and is a part of Ministry of Women and child care.
How To Adopt A Child In India?
- Registration- Adoptive parents requires to get registered with an official agency where the social workers will explain the process and will take you through the legal formalities, paperwork and general preparation required for registration.
- Residence Study And Counselling- The social employee of registration agency will visit the home of the adoptive parents in order to do a house study. The organization may also need the adoptive parents to be present at counseling sessions in order to make them understand the preparation motivation, strengths and weaknesses of the adoptive parents. The home study needs to be finished within 3 months from the date of registration and then can proceed to counseling conference and then reported to the honorable court.
- Referral Of The Child- The organization shall adumbrate the interested couple when there is a child ready for adoption. It is the responsibility of agency to share medical reports, physical examination reports and other appropriate information with the couple and when they are comfortable with the particulars shared, they get the time to spend with the child.
- Acceptance Of The Child- Provided that the parents are at ease with the child, they need to sign certain documents pertaining to acceptance of the child.
- Filing Of Petition- The necessary documents are submitted to a lawyer who prepares a petition which is to be obtainable to the court. After the conclusion of the petition, the adoptive parents need to visit to the court and sign the petition in front of the court officer.
- Pre-adoption Foster Care- After the appeal is signed in the court, the child is taken to pre-adoption foster care center by the adoptive parents to understand the habits of the child before taking the child home.
- Court Hearing- Along with the child, the parents have to attend a court trial which is held in closed room with a judge where the judge might ask some questions and mentions the amount which needs to be invested in the name of the kid.
- Court Order- The judge will pass the adoption orders once the receipt of investment made is obtainable in front of the judge.
- Follow Up- After the post- conclusion of the adoption, the agency henceforth needs to submit follow up information to the court on the child’s well- being which may continue for 1-2 years.
Guardians And Wards Act, 1890
Hindu Adoption and Maintenance Act were mostly the guidelines for the Hindu society and thus arose a need to make a law which was responsive to the personal laws of one more religion which were not mentioned under the Hindu Adoption and Maintenance Act, 1956 and therefore the Guardians and Wards Act of 1890 were made. The Guardian Wards Act, 1890 was a law to replace all other laws concerning the same. It was the only unspiritual universal law regarding the guardianship of a child and is applicable to all India except the state of Jammu and Kashmir. This law is mainly applicable for Muslims, Christians, and Jews as because their personal laws do not permit full adoption. It is applied to all children regardless of their race or statement of belief.
Conclusion
Adoption brings pleasure to kids, who were deserted or orphaned and thus is a noble cause. Adoption gives a chance for the humane side of civilization to excel through. Moreover it is a helpful agenda where the child is treated as the natural born child and given all the love, care and attention. And it fills the annulled in the parents who yearned for kids, their laughter and mischief echoing off the walls of a home. Yet now a few changes could be made to make all the laws regarding adoption a little, uniform.