Adoption

Adoption procedure,laws for adoption, and its types

1. Kanchan Mehra M.Sc. Nursing 1 st year PCNMS ADOPTION

2. DEFINITION Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents, permanently transfers all rights and responsibilities, along with filiations, from the biological parent or parents.

3. WHY CHILD ADOPTION?/ NEED Desire to Give a Child a Family. To Help a Child Have a Better Life To Balance Population Growth Ability to fulfill dreams of a child Provide a loving home to a child Receiving the joy and blessing of adding a child to their family

4. ELIGIBLE COUPLE TO ADOPT A CHILD IN INDIA In India, the adoption process is monitored by Central Adoption Resource Authority (CARA) which is the nodal agency to monitor and regulate in-country and intra-country adoption and is a part of Ministry of women and child care A couple cannot have a cumulative age of more than 110 years.

5. The prospective adoptive parents should be physically, mentally and emotionally stable; financially capable;and should not have any life threatening medical condition. A child in India can be adopted by an Indian citizen, NRI.

6. Single female is eligible to adopt a child of any gender. In case of a couple, the consent of both spouses shall be required.

7. In case a couple is adopting a child, they should have completed at least two years of stable marriage and should have a joint consensus for adoption of the child. The age difference between the child and the adoptive parents should not be less than 25 year.

8. ELIGIBLE CHILD TO BE ADOPTED? As per the guidelines of the Central Government of India, any orphan, abandoned or surrendered child, declared legally free for adoption by the child welfare committee is eligible for adoption. A child is said to be an orphan when the child is without a legal parent or a guardian or the parents are not capable of taking care of the child anymore.

9. In order to be adopted, a child needs to be “legally free”. On receipt of an abandoned child, the District Child Protection Unit puts up an alert with the child’s photograph and details in state-wide newspapers and request the local police to trace the parents. The child is considered legally free for adoption only after the police has given a report stating that the parents of the child are non-traceable.

10. STEPS FOR ADOPTING CHILD IN INDIA The procedure for adoption of a child in India can be understood in the following steps: STEP 1 – REGISTRATION Prospective adoptive parents need to get registered with an authorized agency. Recognized Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which are allowed to make such registrations in India. The prospective adoptive parents can visit the Adoption Coordination Agency in their area where the social worker will explain the process and take you through the formalities, paperwork and general preparation required for registration.

11. STEP 2 – HOME STUDY AND COUNSELING A social worker for the registration agency will make a visit to the home of the adoptive parent in order to do a home study. As per CARA regulation, the home study needs to be completed within 3 months from the date of registration .

12. STEP 3 – REFERRAL OF THE CHILD The agency shall intimate the interested couple when-ever there is a child ready for adoption. The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child once they are comfortable with the details shared. STEP 4 – ACCEPTANCE OF THE CHILD Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child.

13. STEP 5 – FILING OF PETITION All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer. STEP 6 – PRE-ADOPTION FOSTER CARE Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre and understand the habits of the child from the nursing staff before taking the child home.

14. STEP 7 – COURT HEARING The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child. STEP 8 – COURT ORDER Once the receipt of investment made is shown, the judge shall pass the adoption orders.

15. STEP 9: FOLLOW UP Post completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years.

16. LAWS GOVERNING ADOPTION IN INDIA Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills.

17. Hindu Adoptions and Maintenance Act of 1956 deal specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife , parents, and in-laws.

18. Juvenile Justice (Care and Protection of Children) Act, 2015 :- Indian citizens who are Hindus, Jains , Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills. Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.

19. GARDIAN AND WARDS ACT:- The Guardians and Wards Act, 1890 was a law to supersede all other laws regarding the same. It became the only non-religious universal law regarding the guardianship of a child, applicable to all of India except the state of Jammu and Kashmir. This law is particularly outlined for Muslims, Christians, Parsis and Jews as their personal laws don't allow for full adoption only guardianship. It applies to all children regardless of race or creed.

20. TYPES OF ADOPTION OPEN ADOPTION:- In an open adoption, the adopted child can access the records relating to her adoption. Access is generally granted when the child reaches adult age-18 years in most countries. In an open adoption, the birth mother can also have access to the child, even after adoption. She is allowed to visit the child, communicate with her, etc. However, this depends on both the parties. Another feature of an open adoption is that the mother may meet prospective adoptive parents and decide which couple should adopt her baby.

21. Advantages of open adoption: M edical information available to the adopted child, which is very important to assess some genetic disorders and other medical purposes. The adoptee has access to his birth parents, in case he wishes to find the need to know why they took such a decision. The adoptee has an extended family and more people who love and support him. The adoptee has access to his ancestry and lineage.

22. Disadvantages of open adoption: There may be a difference in expectations from adoptive or birth parents. The morals and values of both the families may not match, this may cause confusion.

23. 2. SEMI-OPEN ADOPTION :-A semi-open adoption is similar to an open adoption, except that the birth mother does not have any physical contact with the child after adoption. Prior to the adoption, the mother is permitted to meet the adoptive parents. After the child is placed with them, she may continue to receive letters and photographs of the child, either directly or through the adoption agency she registered with. This may be for a few years or until the child reaches adulthood. At any point, a semi-open adoption may evolve into an open or closed type of adoption.

24. Advantages : Adoptive parents have access to the medical records and other information of the birth parents. This kind of adoption helps you maintain your privacy. Birthing parents have the information on how their child is taken care of. Adoptees may contact the birthing parents in future.

25. Disadvantages: Both the parties have to rely on the mediator agency. A semi-open adoption may become closed adoption in case the adoption agency goes out of business or stops functioning. The communication may stop if either of the party loses contact with the agency.

26. 3. CLOSED ADOPTION :-Closed adoption refers to an adoption process where there is absolutely no contact between the mother and the adoptive parents, neither before nor after the adoption. A closed adoption can occur by choice or according to the adoption laws in the country. Most closed adoptions permit the sharing of relevant information such as medical records.

27. Advantage: The adoptee will not feel torn between two families. There is a sense of closure for both the set of parents. The adoptee will have a close-knit family. There will not be any intrusion from the birth parents.

28. Disadvantages: The child on knowing that he is adopted may become obsessed with finding birth parents in case of a closed adoption. There may be limited medical information available. The adoptee may face an identity crisis.

29. 4. INTRA-FAMILY ADOPTION/ RELATIVE ADOPTION :-Adoption can be undertaken even within a family. Intra-family adoption commonly refers to a child being legally adopted by a step-parent, after the biological parent has remarried. An intra-family adoption may also occur when the child's parents die or are incapable of caring for the child. At this stage, an eligible family member may step in and offer to adopt the child. The advantage of an intra-family adoption is that the child is not completely uprooted from her culture and surroundings. This is especially important for older children.

30. Advantages:- The child stays within the biological family. The adoptive parents are in full control of taking various important decisions concerning the child. The adopted child in most cases gets to keep his original name.

31. Disadvantage: The change in relation to the adoptive parents may confuse the child (in case the child is old enough). The time to contact and visitation are usually decided by the adoptive parents.

32. 5. DOMESTIC ADOPTION :- A domestic adoption refers to an adoption involving a mother and adoptive parents who are citizens of the same country. This type of adoption may also be referred to as intra-country adoption. In this process, a couple wishing to adopt a child will register themselves with a government-recognized agency. After registration, their personal details will be checked, and the investigating officer will certify if they are eligible to adopt a child .

33. Advantages:- This type of adoption is less expensive as compared to international adoption. It also involves lesser paperwork in contrast to international adoption. Couples who intend on adopting a newborn baby may adopt him easily. The information of the birth parents may be accessible to the adoptive parents. You may keep in contact with the birth parents, or the contact may vary as per the requirements of both the parties.

34. Disadvantages:- There may not be enough information on the medical history of the birth parents. The rules are very strict, and the eligibility criteria of adoptive parents are very strict. The mother may refuse the adoption, which may amount to termination of adoption.

35. 6 . INTERNATIONAL ADOPTION :- As the name implies, international adoption refers to placing a child with an adoptive family who are citizens of another country. Not all countries permit international adoption. Countries that do allow this type of adoption have very strict rules and regulations governing the adoption. In India, for example, domestic adoption is given first priority. In the case of an international adoption, non-resident Indians (NRIs) or persons of Indian origin (PIOs) are preferred to foreign nationals. The adoption process for an international or inter-country adoption also takes longer time than that for a domestic adoption  

36. Advantages : International adoption may usually happen with orphaned children and thus birth parents may not be involved. There are a wide variety of children to choose from in terms of sex, race, health, and age. There is no interference of birth parents. Once the home approval is received, it increases the chances of adoption tremendously.

37. Disadvantages: This type of adoption is expensive as the adoptive parents are required to travel to foreign lands. There are chances of frauds and scams in international adoption. If the child is a bit older, he may take considerable time to adjust to a new setting, new country, and new ways of life.

38. WHAT DOES A CHILD GAIN FROM ADOPTION

39. REFERENCE - behavior-in-children-and-adolescents-epidemiology-and-risk-factors/abstract/150 Coyle LA, Sokop AG. Innovation adoption behavior among nurses. Nursing Research. 1990;39(3):176-80. https://parenting.firstcry.com/articles/a-complete-guide-to-child-adoption-in-india/ http://vikaspedia.in/social-welfare/women-and-child-development/child-development-1/child-adoption/adoption https://parenting.firstcry.com/articles/types-of-adoptions-in-india/ http://www.indiaparenting.com/f/3_3282/types-of-adoption.html