Single Parent Adoption in India: A critical study

Ayaskanta Parida

Adoption is the process where an adult takes up the responsibility of accepting a child as his/her own through a legalized process. It is quite heartening to understand the fact that a child who had no one to care for him/her is now accepted as a son/daughter. Although it is generally a couple who adopts a child, there is now a growing trend of a single parent applying for adoption.

This was curtailed, until recently when economic independence among many people has now led them to seek for a child on their own, and a change in opinion in the government has led to the process of single parent adoption being streamlined. This article would be looking at the laws and regulations in place for this process.

Primarily, for prospective parents of all religions, the Juvenile Justice Act, 2015 and the Central Adoption Resource Authority Regulations, 2017 along with the Guardians of Wards Act, 1890 provide guidelines for adoption. The Hindu Adoptions and Maintenance Act, 1956 provides guidelines exclusively for prospective parents of Hindu, Jains, Sikhs and Buddhists.

Hindu Adoptions and Maintenance Act, 1956

This act provides for adoption by Hindus, Buddhists, Sikhs and Jains. As per Sections 7 and 8 any adult male or female who is of sound mind can adopt a child. Section 11 provides for the following conditions to be complied with:

1. if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
2. if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
3. if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
4. if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
5. the same child may not be adopted simultaneously by two or more persons;
6. the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth [or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption:

Provided that the performance of datta homam shall not be essential to the validity of an adoption.

Muslim & Christian Laws

There are no specific laws in place for Muslims and Christians with regards to Adoption. Its primarily because of the fact that Islamic Laws do not recognise adoption, i.e., there should be a blood relation. It allows for guardianship of a ward, however. This has been regulated through Guardians of Wards Act.

As for Christianity, it too does not recognise adoption but it does allow foster parentage, which has been regulated through the Guardians of Wards Act.

In the case of Shabnam Hashmi v. Union of India and Ors., the Supreme Court ruled that, irrespective of any religion a prospective parent can apply for adoption under Juvenile Justice (JJ) Act. Even if the personal laws and customs do not recognise adoption, the JJ act has been seen as a secular law which allows every would-be parent the right to adopt.

Juvenile Justice Act & CARA regulations

Under JJ Act, the guidelines for adoption are applicable to any prospective parent irrespective of adoption. Adoption has been defined in the Juvenile Justice Act,2015 as “the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.”

As per Section 5 of the aforementioned act, a single female can adopt a child of any gender; and a single male shall not be eligible to adopt a girl child. Also, the maximum age limit for a single parent while adopting –

• a child aged under 4 is 45,
• a child aged between 4-8 is 50
• a child aged between 8-18 is 55.

Also, the minimum age difference between the child and the prospective adoptive parent shall not be less than twenty-five years.

The CARA Regulations in conjunction with the JJ Act provide a detailed procedure for adoption for a parent irrespective of a religion.

Procedure

Even though there are various laws which show who can/cannot adopt a child in which situation, the procedure of adoption is uniform. This has been laid out in Sections 6 and 7 of the 2017 CARA Regulations. There are some differences as to whether the child is surrendered, abandoned, or orphaned. The general process has been outlaid-

1. A would-be parent has to fill a form online to register which is available on the CARA website or can reach District Child Protection Officer (DCPO).
2. Home Study Report of the prospective parents is then created by the adoption agency within 30 days of the registration.
3. Once the Home Study Report is posted on the database, prospective parents are allowed to tell their preferences and choose a child.
4.  Maximum of 6 children’s photograph is shown to the adoptive parent along with their medical report and other studies. They are given a period of 48 hours to reserve a child for possible adoption so that rest of them could be released.
5. Meetings are being fixed between prospective adoptive parents and adoption agency and parents are also allowed to meet the child.
6. This process should not take more than 15 days to complete and also after the completion at the time of handing over the child to the adoptive parents they need to sign the Child Study Report in the presence of a social worker.

If in case the compatibility between parent and child is not good then the process of matching starts all over again.

Conclusion

Adoption is a process which an individual not just becomes a parent, but in the process is able to create a full-fledged emotional bond with a child who is not related by blood. The child, too is able Adoption involves an individual who is able to create an emotional bond with a child who may not be related by blood but gets to be a part of a family and essentially be in a better position than earlier.

Such a moral process should be streamlined and not be botched up through administrative red tape. A change in opinion as mentioned in the beginning has led to a single parent being able to adopt a child which was perceived as unsuitable and inappropriate earlier.

The process should definitely involve severe scrutiny of the prospective parent who might shape the future of a child, but that does not mean that the latter should never provide the chance in the first place just due to the lack of a marital bond.

References

1. Regulation_english.pdf (cara.nic.in)-2017 CARA Regulations.
2. 3980GI.p65 (cara.nic.in)-JJ Act
3. 195678.pdf (indiacode.nic.in)– HMA Act
4. M/S Shabnam Hashmi vs Union Of India & Ors on 19 February, 2014 (indiankanoon.org)
5. The Guardians and Wards Act, 1890 (indiankanoon.org)