What is adoption?

Adoption is the legal act of permanently placing a child with a parent or parents other than the biological parents.

What are the kinds of adoption?

The international adoption mainly deals in two types of adoption i.e. adoption of child from authorised adoption agency and adoption from relatives.

Who can adopt?

Any person who is mentally, physically and financially sound can adopt a child.

Who can be adopted?

Child who is declared legally free for adoption can be adopted. Further the child below the age of 18 years who may be surrendered, orphan or abundant can be adopted.

Can a single parent adopt child?

Yes single parent can adopt child but the maximum age of single child cannot exceed 45 years. Moreover, a single female can adopt child of any gender but the single male cannot adopt a girl child as per the provisions of Juvenile Justice Act.

Is consent of adoptive child is mandatory?

Yes the consent of older child is mandatory. Here the older child means the child who is above years old according to the Juvenile Justice Act, 2015.

Can an adopted child deny staying with adoptive parents?

No, the adoptive child cannot deny staying with the parents after the procedure for adoption is completed.

Can parents with biological child adopt?

Yes, according to the Juvenile Justice Act the parents who have less than 4 biological children can adopt child irrespective of their gender. Moreover the criteria are not applicable in case of special child.

Can a couple living in live-in relationship adopt?

Initially the regulatory body does not allow the unmarried couples to adopt child as the statue says that it is mandatory to have a stable marital relation of 02 years to adopt a child but in 2018 the authority withdraw their notification by stating in the Hindu that unmarried couples are eligible to adopt as the circumstances vary from case to case.

What is the estimated cost for adoption?

The cost of adoption varies in case to case but mainly it is around 5000 USD for inter country adoption.

Can a new born baby be adopted?

No a new born baby cannot be adopted as it is important for adoption that a child is declared child free for adoption by the authority and it takes minimum two months to complete the same.

How much time is required for taking custody after court order?

The time period for each and every step is explained in Schedule XIV of Adoption Regulations, 2017.

Is Inter-country adoption valid?

Yes inter- country adoption is completely valid if it is done according to the rules and regulation.

Which authority regulates international adoption?

 Central Adoption Resource Authority (CARA) is the regulatory body for international adoption.

Where to apply to initiate adoption procedure?

The person who wants to adopt a child has to apply in the authorised agency in their country with the fee and required documents.

What is the role of AAFA (Authorised Foreign Adoption Agency) in inter-country adoption?

AAFA is the authorised adoption agency which plays an important role in international adoption as they prepare home study after reviewing the application of applicant and then send that study report to Child Adoption Resource Information and Guidance System (CARING) with the essential documents.

Where to apply if the country does not have Specialised Authorised Agency?

The country who does not have specialised authorised agency can apply to Indian Diplomatic Mission.

Who are included in the definition of relative?

The relative include child’s paternal uncle, paternal aunt, maternal uncle, maternal aunt, paternal grandparents, and maternal grandparents.

Can Adoption be cancelled by adoptive parents?

No, the adoption cannot be cancelled by adoptive parents but the help can be taken from the authorised agency for making child fit in the adoptive family and their country.

Is taking direct custody of child without adoption is illegal?

Yes, it is illegal to take child directly from the hospital or from the biological parents without following the procedure of adoption.

Can an adoptive child has right to meet his biological parents?

Yes, if the adoptive child wishes to meet their biological parents he/ she can apply in the authorised agency for the required details.

Can the foreign adoptive parent issue power of attorney for the purpose of court orders?

Yes, the prospective adoptive parents can issue special power of attorney deed in favour of the social or child welfare agency.