“Draft:Adoption in India”的意思、由来-开放百科全书

Adoption in India deals with the adoption process in the various parts of India, whereby a person assumes or acquires the permanent, legal status of parenthood in relation to a child under the age of 18 in place of the child's birth or biological parents. India classifies adoptions as local adoptions (placement within the country), and intercountry adoptions (adoption of children born overseas). Known child adoptions (adoption by relatives, stepparents or carers) are a form of local adoptions.

Adoptions in India are handled by state and territorial government agencies or approved adoption agencies. It is unlawful to arrange a private adoption, though foreign adoptions may be recognised. Government adoption agencies include CARA, SARA, and others.

When an adoption is completed, the birth parents (also referred to as natural parents) no longer have any legal rights over the child. The adopted child becomes a full member of the adopting family, taking their surname and assuming the same rights and privileges as a birth child, including the right of inheritance. A new birth certificate is issued, in the case of local adoptions. The adopted child also has the same position as a birth child in relation to the extended family of the adopting parents, for example with laws prohibiting incestuous sexual relationships or prohibiting marriages.

Legal framework

Adoptions in India are regulated by legislation and regulations of each State and Territory, which govern all adoptions arranged in that State and Territory.

State and territory governments are in charge of processing inter-country adoptions, but eligibility requirements widely differ in relation to partner relationship status, age, citizenship and health, and there are also federal responsibilities.

Known child adoptions

Family law in India with regards to children is based on what is considered to be in the best interest of the child. Family laws contain a strong preference for retaining ties to biological parents, and a general presumption against making a known adoption order because an adoption order severs the legal relationship between the child and one of the child’s birth parents.{{citation needed|date=October 2012}} Due to the serious consequences of an adoption order, all stepparent adoption laws contain a strong preference for dealing with new parenting arrangements through a parenting order rather than an adoption order. Stepparents and other carers may apply to the Family Court of India for a parenting order, as ‘other people significant to the care, welfare and development’ of the child. It provides an important "status quo" if the birth mother were to die, so, for example, other family members could not come and take the child.

Same sex couple adoptions

Adoption for same-sex couples is currently legally available in all of India since?

Western India became the first Indian state to allow same-sex adoptions when its Labor government passed the Acts Amendment (Lesbian and Gay Law Reform) Act, 2002 which amended the Adoption Act, 1994 (WA). This allowed same-sex couples to adopt in accordance with criteria that assesses the suitability of couples and individuals to be parents, regardless of sexual orientation. The Northern Territory in April 2018 was the last jurisdiction of India to legally allow same sex couples and unmarried heterosexual couples to adopt children.

Single parent adoptions

Since April 2018, most Indian jurisdictions legally allow single people to adopt children.

Intercountry adoptions

Statistics

As the table below demonstrates, India has a significantly lower rate of adoption than the United States and the United Kingdom:

Low rates of local adoptions are attributed to the low number of children who need placement. Low rates of international adoptions are attributed to long wait times (from two to as much as eight years) and high cost (up to $40,000).

In 2012/13, there was a total of 339 children adopted nationally, arranged through the eight administrations.

Changing attitudes

Legal framework

Known child adoptions

Same sex couple adoptions

Single parent adoptions

Intercountry adoptions

Statistics

Changing attitudes

See also

References

Further reading

External links