Can a single man adopt a child in India?
The desire to have one's own child is a common occurrence, yet many people are unable to do so due to infertility or other biological difficulties. Unmarried people sometimes wish to have children, and in these cases, their wish is granted through adoption. In India, however, it is extremely difficult for a single man to adopt. Male parenthood is undervalued since it is assumed that single men do not have a desire to have children unless they are in a relationship with a female partner. However, as time passes, it is becoming clear that single men also want to start a family.
Adoption is possible for anyone, regardless of their marital situation or whether or not they have a biological son or daughter. However a single man is ineligible to adopt a female child.
Adoption is dealt with in Hindu law in a variety of ways. Other personal laws, such as Christian and Muslim law, have gone to court under the Guardian and Wards Act of 1890.
Adoption under The Hindu Adoption and Maintenance Act 1956
Any Hindu man who is of sound mind, a major, and is qualified to adopt a child can do so. If a Hindu man is married and needs to adopt a toddler, he must obtain his wife’s approval as well, and hence the consent should be unrestricted. When a Hindu man wishes to adopt a son, he must not have any sons living at the time of adoption, whether legitimate or illegitimate.
CARA does not allow unmarried fathers to adopt a girl child in order to safeguard the daughter from sexual exploitation.
Adoption under personal laws
Other personal laws, such as Muslim, Christian, and Parsi law, do not have separate laws, therefore a potential adoptive parent who is not a Hindu must adopt a child under the Guardians and Wards Act, 1890.
If a man wants to adopt a child under The Guardianship and Wards Act, 1890, he must file an application with the court and specify their purpose for adoption, i.e. why he wants to adopt a child. The court will set a hearing date, and the parent must present in court on that date. The adoptive parent makes the decision to inform the court about the child he must adopt. Finally, the court will issue an order, and the adoption will be finalised.
Under the Guardians and Wards Act of 1890, any child can be adopted if they meet the following criteria:
The child must be under the age of 18.
It is not permissible for the child to be Hindu.
A child who has been orphaned, abandoned, or surrendered.
Adoption proceedings must be completed within two hearings, and the petition must be disposed of within two months after its filing. The agency must get a certified copy of the court’s order within 10 days of it being issued. The agency must also collect the child’s birth certificate, which must include the name of the adoptive parent.
Adoption by a single male under the Juvenile Justice Act
A single male cannot legally adopt a girl child under the Juvenile Justice Act. The following is the relevant section of the act:
The prospective adoptive parents must be physically fit, financially secure, mentally alert, and extremely determined to adopt a child in order to provide him with a proper upbringing.
In the case of a couple, both spouses must give their approval to the adoption.
A single or divorced individual can adopt if the qualifications are met and the adoption laws enacted by the Authority are followed.
Adoption of a girl child is not possible for a single male.
5) Any other criterion that may be established in the Authority’s adoption regulations.
Conditions for adoptive parents under CARA
Adoptive parents must be healthy in all aspects of their lives, including their physical, mental, financial, and emotional well-being. They must also be free of any life-threatening illnesses.
A single male who wishes to adopt a girl child is ineligible.
The age difference between the child and the adoptive parent must be at least 25 years. In the case of related adoption and adoption by step-parents, the age criteria for adoptive parents will not apply.
Adoption is a wonderful thing to undertake since it changes a child’s life and provides them a new start. Adopted children have the same rights as biological children of adoptive parents. As society evolves, we can see positive changes, one of which is single male adoption. The Hindu adoption and maintenance act allows a single male to adopt both a boy and a girl child, provided he is of sound mind. If he’s adopting a Hindu female child, the age gap should be at least 21 years, he shouldn’t be a minor, and he should be financially capable of raising a child.
However, according to CARA criteria, a single male is not permitted to adopt a girl child due to the risk of exploitation.
Any orphan, abandoned, or surrendered child certified legally free for adoption by the Child Welfare Committee is eligible for adoption, according to Section 4 of the most recent rules published by the Central Government in 2015.
Adoption procedure
Prospective parents can register online or contact the District Child Protection Officer (DCPO) for assistance in doing so. The application form can be found on the website www.cara.nic.in.
Within one month after registration, the adoption agency prepares a Home Study report summarising the family’s numerous elements and ssituations
The adoption agency must enter the home study report into the database.
Parents are offered the option of selecting their future child based on their preferences.
Photographs, child study reports, and medical examination reports of up to six children are provided to them.
The prospective adoptive parents may reserve one child for possible adoption for a period of 48 hours, after which the remaining children will be released to other prospective adoptive parents.
The adoption agency will schedule a meeting with potential adoptive parents to see whether or not they are acceptable parents. A meeting with the child should also be provided for the parents.
The complete matching procedure should take no more than 15 days.
In the presence of the social worker, prospective adoptive parents should sign the Child Study Report upon accepting the child.
If the prospective parent or the child refuses to accept the child, the same procedure will be followed for future opportunities.
In India, the adopting single man must be at least 25 years old. Single male parents between the ages of 45 and 50 can adopt a child under the age of four, while those between the ages of 50 and 50 can adopt a child between the ages of five and eight. Adoption is available to people under the age of 55 who are between the ages of 9 and 18. After this age, adoption is not permitted.
People who want to adopt may face challenges from their parents, families, and society at large, despite the growing acceptability of single parenting. The traditional belief that a child can thrive in an ideal two-parent home with a father and mother in a loving, suitable relationship is still valid. Furthermore, single parents may require a strong support system that can assist and relieve them in times of need, such as medical care, after-school care, and job-related travel. A problem with personal finances is also a possibility. Furthermore, some adoptive parents may find it difficult to match the responsibilities of their profession with the responsibility of raising the child alone. Certain adoption agencies may be discriminatory against single males who want to adopt, and they may be subjected to more stringent screening.
Sources:
https://lawcorner.in/can-a-single-male-adopt-a-child-in-india/
https://www.google.com/amp/s/www.thebetterindia.com/107581/are-you-planning-to-adopt-a-child-in-india/amp/
https://www.google.com/amp/s/parenting.firstcry.com/articles/single-parent-adoption-in-india-rules-and-eligibility/%3famp