Adoption Process

First the couple should file a petition in the appropriate court to legalize the relationship. The order issued by the court on accepting the petition gives permission to the couple to adopt the child selected by them. Following this the couples executes an Adoption Deed and register it under the Indian Registration Act, 1908. This completes the adoption process and the couple is now eligible to acquire all the rights and responsibilities in relation to their adopted child and at the same time the child can also assume their name and inherit their property. This is only the case with Hindus (while the term Hindu encompasses, Sikhs, Buddhists and Jains).

In case of Non-Hindus, the antiquated Guardians and Wards Act 1890 enables a couple to apply to become ‘guardians’ of a child, thus giving them some legal status with respect to him/her however inadequate it may be.

Both the Indian citizens as well as the citizens of other nations are eligible to adopt an Indian child. It was the Supreme Court Judgment of 1981and subsequent two judgments of 1983 and 1984 that laid down norms of practice of adoptions and thus legalized the practice both of inter-country and in-country adoption.

Many parents seem to approach hospitals and private nursing homes and with the active assistance of medical and other staff, obtain unwanted children born therein. Only very few are aware of the existence of destitute children in institutions who are in need of parents love. There are competent Child Welfare Organizations in the country which can help the couples to adopt a child according to their desire. The information regarding these prevailing Child Welfare organizations are available with the state Department or Directorate of Social Welfare. Thus, the Child Welfare Organizations seems to play a major role in recent years by helping the couples to understand the procedures involved including the legal process in adoption and thereby adopt a child.

The Indian Council of Social Welfare acts as a consultant for all foreign adoption. It has the responsibility to see that the child can be adopted in the adoptive parent’s country and to ascertain if the agency involved is acceptable. It also makes recommendation to the court on the feasibility of giving the guardianship order and its representative is present at the court hearing to give his/her views.