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“Every child has a right to love, and be loved and to grow up in an atmosphere of love and affection, of moral and material security and this is possible only if the child is brought up in a family. But if for any reason it is not possible for the biological parents or other near relatives to look after the child or the child is abandoned, the next best alternative would be to find adoptive parents for the child so that the child can grow up under the loving care and attention of the adoptive parents”. Supreme Court of India, Laxmi Kant Pandey Vs Union of India, 1984.
Adopting directly from nursing homes, maternity homes or hospitals is not legal adoption. Adopting directly from parents (related or unrelated), adopting a lost or abandoned child also do not have any legal credibility. There are many touts/ middlemen in adoption who mislead hopeful parents into illegal adoption and thus become a part of child trafficking network.
Legal adoption can only be done through Specialized Adoption agencies (SAAs) that are recognized by State Governments.
CARA (Central Adoption Resource Authority) is the Central Designated Authority of Government of India and responsible for facilitating adoption of Indian Children as per the Adoption Guidelines. While all the details are available in CARA (http://cara.wcd.gov.in) we fully assist and support the prospective adoptive parents through the entire process providing them with clarification and any other help. Creating a strong and loving family is the foremost aim for us.
Adoption in India is taken care by Central Adoption Resource Authority (CARA).
For details please log in to http://cara.wcd.gov.in
On readiness for Adoption:
Adoption should be a good experience for the prospective parents, the child and the agency they are working with. A smooth and timely process is important for the advocacy of adoption. Though the adoption procedure is now CARA centralized and online, the team at WHC is available to help and support to-be parents in getting the process started towards fulfilling their dreams of adopting a child. The procedure has to ensure that the interests of the child to be adopted as well as of the prospective adoptive parents are ascertained.
The procedure of declaring an abandoned child legally free for adoption is as provided under Juvenile Justice Act and Adoption Regulations 2022. The procedure is thorough to ensure best interests of the child and may take time.
1) An FIR has to be filed at the nearest police station.
2) The child has to be produced before the Child Welfare Committee (CWC), a Bench of Magistrates. The child is declared as a child in need of care and protection by Child Welfare Committee of the district. Child Welfare Committee then registers the child as living in our institution.
3) The case has to be notified on three media: TV (national channel), All India Radio and a newspaper.
4) Accepting that no claim is made, the CWC requests the Probation Officer of District Child Protection Unit for an enquiry in the area of tracing the child originally believed to belong/found. A non-traceable report is also sought from concerned Police Station where the F.I.R is lodged.
5) On the basis of the non-traceable Report issued by police and probation officer’s report the Child Welfare Committee declares the child legally free for adoption.
In the case of a Surrendered/ relinquished child, the procedure is also as provided under Juvenile Justice Act and Adoption Regulations
1) Mother /guardian and child have to appear before the CWC, where the mother is counselled to keep her child with her.
2) If she is unable to do so, the Child Welfare Committee, places the child in Adoption Agency.
3) There is an obligatory waiting period of 60 days (two months) in case the mother changes her mind.
4) After the expiry of 60 days, Child Welfare Committee declares the child legally free for adoption.
In India, prospective parents have to register with the Central Adoption Resource Authority (CARA) for the adoption. Foreign nationals have to register with CARA through a recognized agency from their country. Non-resident Indians holding an OCI certificate can apply as local Indians. However, the adoption process will follow the rules of an inter-country adoption. Other non-resident Indians will be considered as foreign nationals. Foreigners, till recently, could not adopt Indian children, but since a new law, the Juvenile Justice Act has come into force, foreigners can adopt directly in India.
The social worker of the adoption agency conducts a Home Study of the prospective parents and drafts a report based on it. This report is confidential and follows the norms laid down by the Adoption Regulations 2022. Once a child is matched to the parents and the adoptive parents accept the child, a pre-adoptive foster care agreement is made. Under this agreement, the parents can take the child home. After that respective Indian parents can be declared as adoptive parents holding the status like biological parents. The court procedure takes about three to four months.
All adoption papers reach the adoption centre only after scrutiny by CARA. The adoption agency then gives the child in pre-adoption foster care. After giving the child in Pre-adoption foster care, the agency files an application before the District Magistrate for obtaining the adoption order. On the receipt of a certified copy of the order passed by the District Magistrate, the adoption agency sends it immediately to the prospective adoptive parents. The follow up of progress and well-being of the child in the adoptive family is ascertained in the manner as provided in the adoption regulations.
As per the Adoption Regulations 2022 Schedule XII (Regulations 14(1),20 (1), and 21(5), First post- adoption follow-up report to be completed within three months of the pre-adoption foster care and thereafter on half- yearly basis for 2 years.
Adoption Process takes time. The District Magistrate or the Additional District Magistrate (authorised by the District Magistrate), as the case may be, shall dispose of an application for making an adoption order within the period of two months from the date of filing of the application, as provided under sub-section (2) of section 61 of the Act.
However, when all the hurdles are clear, and you are ready to welcome your new child to the family, the wait and the effort is all worth it.
1B, Institutional Area, Sarita Vihar, New Delhi-110076
We are registered under Ministry of Corporate Affairs for undertaking CSR activities. All donations to Welfare Home for Children are tax exempted under section 80G and 12A of Income Tax Act 1961.