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ELIGIBILITY FOR CHILD ADOPTION

Adoption is the process through which a child becomes the lawful child of his adoptive parents. He will have all the rights, privileges and responsibility of a biological child.

 

WHO CAN BE ADOPTED?

According to Section 4 of the latest guidelines provided by the Central Government in 2015 any orphan, abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee is eligible for adoption.

 

An orphan is a child who is without his legal parents or guardian or his parents are not capable of taking care of him.

 

An abandoned child is one who is deserted or unaccompanied by his parents or guardians and the Child Welfare Committee has declared him so.

 

A surrendered child is one who is relinquished on account of physical, emotional and social factors beyond the control of the parent or legal guardian and is so declared by the Child Welfare Committee.

 

FUNDAMENTAL PRINCIPLES GOVERNING ADOPTION. –

(a) The child’s best interest shall be of prime importance while deciding any placement;

(b) Preference shall be given to place the child in adoption within the country;

(c) Adoption of children shall be guided by a set procedures and in a time bound manner;

(d) No one shall derive any gain, whether financial or otherwise, through adoption.

 

PERSON COMPETENT TO BE ADOPTED. –

Any orphan, abandoned or surrendered child can be adopted following due procedure laid down in these Guidelines if such child is declared legally free for adoption by the Child Welfare Committee (CWC).

 

PERSON COMPETENT TO ADOPT. –

In accordance with the provisions of sub-section (6) of section 41, the Court may allow a child to be given in adoption, –

(a) To an individual irrespective of his or her marital status; or

(b) To parents to adopt a child of the same sex irrespective of the number of living biological sons or daughters; or

(c) To a childless couple.

 

ADDITIONAL ELIGIBILITY CRITERIA FOR PROSPECTIVE ADOPTIVE PARENTS (PAPS). –

(1) No child may be given in adoption to a couple unless they have at least two years of stable marital relationship.

(2) Couples in live-in relationship are not eligible to adopt a child.

(3) To adopt a child in the age group of 0-3 years, the maximum composite age of the PAPs should be 90 years wherein the individual age of the PAPs should not be less than 25 years and more than 50 years.

(4) To adopt children above three years of age, the maximum composite age of the PAPs should be 105 years wherein the individual age of the PAPs should not be less than 25 years and more than 55 years.

(5) In case a single PAP desires to adopt, he or she should not be less than 30 years of age and shall not be above the age of 50 years. The maximum age shall be 45 years to adopt children in the age group of 0-3 years and 50 years for adopting children above 3 years.

(6) The PAPs should have adequate financial resources to provide a good upbringing to the child.

(7) The PAPs should have good health and should not be suffering from any contagious or terminal disease or any such mental or physical condition, which may prevent them from taking care of the child.

(8) Adoption of a second child is permissible only when the legal adoption of the first child has been finalized but this is not applicable in case of siblings.

(9) An un-married or single male person is not permitted to adopt a girl child.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]

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