Here is a general outline of the process:
- Eligibility:
To adopt a child, the following criteria must be met:
a. The adoptive parent(s) must be Hindus, Sikh, Jain, or Buddhist.
b. The adoptive parent(s) must be of sound mind and capable of taking responsibility for the child.
c. If a couple intends to adopt, they must have been married for at least two years, and neither spouse should have a living child from the current marriage or any previous adoption. - Petition:
The prospective adoptive parent(s) must file a petition before the appropriate court, seeking permission to adopt a child. The petition should include details such as the adoptive parent(s)’ personal information, marital status, financial capacity, and the reason for adoption. - Investigation and Home Study:
After the petition is filed, the court may direct an investigation or order a home study by a qualified social worker. The purpose of this step is to assess the suitability of the adoptive parent(s) and their living conditions for the child’s welfare. - Consent:
If the child to be adopted is above the age of 12, their consent must be obtained before the adoption can proceed. In addition, the consent of the biological parents or guardians of the child is generally required, except in certain cases where the court can waive this requirement. - Court Order:
After considering the investigation report, the court will decide whether the adoption should be granted. If the court is satisfied that the adoption is in the best interest of the child, it will pass an adoption order. The order is binding and confers all the rights and responsibilities of a biological parent on the adoptive parent(s). - Registration:
Once the adoption order is granted, it must be registered with the concerned Registrar of Births, Deaths, and Marriages within 30 days. The adoption will be legally recognized after registration.
It’s important to note that adoption laws may vary slightly depending on the specific circumstances and the state in India. It is advisable to consult with a family lawyer or adoption agency to ensure compliance with the applicable laws and regulations.