A Guide For Single Indian Woman To Adopt A Child In India: Laws, Rules, Process And Eligibility
For the longest time, women have been told that motherhood is an important part of their lives and it’s what completes them. But we don’t agree with it. A woman does not need to embrace motherhood to be a “complete woman”. More importantly, I don’t think motherhood should come in ways prescribed by society. Having a child of her own should never be the only way for a woman to embrace motherhood. India is the world’s second most populated country and I personally believe that we do not need to bring more humans into this world. There are enough orphan kids as it is, so why not just adopt? And over the last few years, adoption as a practice has become more and more common but the laws around it can be tough to understand. As a single Indian woman, if you’re looking to adopt a kid, here’s everything you need to know about the adoption laws in India.
Can A Single Indian Woman Adopt A Child?
The answer is yes. As per the Hindu Adoptions and Maintenance Act, 1956, any Hindu woman (married, single, divorced or widow) can adopt a child of any gender. But in case the woman is married, she cannot independently adopt instead she has to give consent to her husband who is supposed to be the key party in the adoption procedure.
Here Are Some Rules For Single Women Adopting Kids In India
– A single woman can adopt a child of any gender, male or female.
– A single woman can also adopt a child even if she already has her own biological child.
– If a woman adopts a son, the adoptive mother should be at least 21 years older than the child.
– A woman up to the age of 45 years can adopt a child of 0 to 4 years and to adopt a child from 4 to 8 years of age, the upper limit is 50 years and for a child older than 8, the upper limit is 55 years.
– The adoptive parent has to be medically as well as financially fit and settled.
– Muslim, Christian, Parsi and Jew women cannot adopt a child as per their personal laws but they can take guardianship of their child till the age of 21 years. But there are no laws allowing a woman to adopt an orphan or abandoned child.
– Under the Juvenile Justice (Care and Protection of Children) Act, 2015 the minimum age difference between an adoptive child and the parents shouldn’t be less than 25 years.
– Under the Hindu Adoption and Maintenance Act, if one has a child already, that person can only apply for the adoption of a child of the opposite gender. But if you’re applying under the Guardians and Wards Act or the Juveline Justice Act, you can adopt a child of any gender.
– As per the Central Adoption Resource Authority (CARA) rules, one must have a minimum average monthly income of Rs 3000/- to be able to adopt a child. For someone with a lower income, other assets and support systems like owning property can be considered.
Also Read: Out Of Wedlock Pregnancies, Single Motherhood. Are We Finally Okay With These Or Is It Limited To Bollywood?
What Is The Adoption Procedure Like?
– Adoptive parent or parents can enrol themselves as prospective parent(s) by registering online on the CARA website. You can also ask your local District Child Protection Officer (DCPO) to put you on the list.
– Within 30 days of successful enrolment, adoption agencies make a Home Study Report after they evaluate the different levels of compliance and qualification of the parent(s) and the family.
– The Home Study Report usually takes up to 3 months from the date of enrolment after which it is posted on the database of the agency and allows adoptive parents to enter the next step of the adoption process which is select a child.
– Once the child is ready for adoption, CARA informs the prospective parents and shares all the information about the child as well as the child’s medical reports with the parents. They also allow the prospective parents to meet the child to help them bond.
– Once the prospective parents are ready, the adoption paperwork begins. Parents have to submit all required documents to the concerned lawyer who then prepares an adoption petition signed by the parents in the presence of a court officer and submits it to take the process further.
– Post this, the child is taken to a pre-adoptive foster care centre as the court questions and evaluates the adoptive parents. The court also requires the parents to put a set amount aside and invest it in the child’s name and submit the receipt in the court after which the adoption order is passed.
Also Read: A Single Mother’s Guide To Dating Again: 7 Tips To Make Things Work
What Documentation Does One Require For The Adoption Process?
– Photograph of prospective parents
– Proof of identity
– Address proof of a place of residence where the parent(s) or family has been residing for over 365 days.
– Birth Certificate
– Recommendation letter from two people who know the family
– Proof of income for the past year
– Consent of the adoptive child (if the child is over 7 years of age)
