Adopting a child as a single woman in India

If you’re a single woman in India looking to adopt a child, trust that the adoption process for you won’t be very different to the one for a married couple. In fact, other than a few additional documents that you may be required to provide, the process will largely be the same.

The process of adoption in India is regulated under two laws – The Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice Act, 2015.

First off though, let us establish whether you are eligible to adopt a child.

1) Are you eligible to adopt a child in India?

As a single woman in India, you are able to adopt a child of any gender. You must however fulfil the following conditions.

• You must be physically, mentally and emotionally stable.
• You must be financially capable of adopting a child.
• You must not have any life-threatening medical condition.
• You must meet the age criteria, i.e.
  • to adopt a child of less than 4 years of age, you must not be more than 45 years old.
  • to adopt a child above 4 and up to 8 years of age, you must not be more than 50 years old.
  • to adopt a child above 8 and up to 18 years of age, you must not be more than 55 years old.
  • you must be at least 25 years older than the adopted child.

The above age criteria will not be applicable if you plan to adopt a relative’s or your husband’s child i.e., your stepchild. Adoption of this kind is beyond the scope of this blog post and will be dealt with in another blog post.

The question of whether you meet the above conditions will be determined on the basis of the documents you submit when you apply for adoption, and your adoption agency’s Home Study Report.

2) What is the procedure to adopt a child as a single woman?

The process of adopting a child in India, which is uniform across all religions, typically involves the following steps. Note that the adoptions in relation to Hindus in India are also governed by the Hindu Adoption and Maintenance Act, 1956 where an adoption deed or a court order is sufficient to obtain adoption rights.

Online registration with CARA

Home Study Report

• At the time of your online registration, you will need to select an adoption agency that is nearest to your home. This adoption agency will visit your home and conduct pre-adoption counselling for you.
• Based on your adoption agency’s home visit, they will prepare a Home Study Report which will be completed within 30 days of the date of online submission of your required documents.
• Once the Home Study Report is complete, your adoption agency will share it with you and post it on CARINGS.
• The Home Study Report will remain valid for 3 years and will be the basis of your adoption of a child from anywhere in India.
• Your adoption agency will either declare you eligible and suitable for adoption or declare that you are ineligible or unsuitable for adoption, based on your Home Study Report and supporting documents.
• You may appeal against a decision of rejection.

Referral of a child

• If you are declared as eligible and suitable, you will be referred profiles of children for adoption.
• How soon you are able to receive these referrals (in other words, your seniority for receiving child referrals) will depend on the availability of suitable children as well as the date of completion of your registration process.
• When the time comes, you will be referred online profiles of 3 children. The profiles will include their photographs, Child Study Reports, Medical Examination Reports, etc.
• After viewing the children’s profiles, you can reserve one child for possible adoption within 48 hours. Profiles of the remaining children will be released for others in the waiting list.

Meeting with the child and an Adoption Committee

• Once you have reserved a child for possible adoption, your adoption agency will fix a meeting for you with an Adoption Committee for matching you with the child. Here they will assess your suitability for adopting the child.
• Your adoption agency will also organise a meeting for you with the child.
• The entire process of matching you with the child will be completed within 20 days from the date you reserve the child.

Accepting the child

• While accepting the child, you will sign the Child Study Report and Medical Examination Report in the presence of your adoption agency’s representative.
• Your adoption agency will record your acceptance on CARINGS.

Pre-adoption foster care

• If you are found suitable by the Adoption Committee, the reserved child will be given in your pre-adoption foster care within 10 days from the date of matching.

Legalisation of adoption

• Your adoption agency will file an application in the court that has jurisdiction over the place where your adoption agency is located.
• The court will dispose of the case within 2 months from the date the adoption application is filed.
• Your adoption agency will obtain a certified copy of the adoption order from the court and forward it to you within 10 days of the date of the adoption order.
• Your adoption agency will then apply for the child’s birth certificate within 3 working days from the date of adoption order, with your name on it, to be issued within 5 working days by the issuing authority.
• The certified adoption order and the child’s birth certificate with your name on it will confirm that the child is legally yours.

Follow-up reports

• Your adoption agency will follow-up with you regarding the progress of your child and prepare post-adoption follow-up reports on a 6-monthly basis for 2 years from the date of pre-adoption foster placement.

3) What are the documents required?

You will need to upload the following documents with your online application form. You can upload these within 30 days from the date of your online registration, failing which you will be required to register again.

• Your photograph.
• Your PAN Card.
• Your birth certificate/proof of date of birth.
• Your proof of residence (aadhar card/ voter card/ passport/ current electricity bill/ telephone bill).
• Your proof of income of the previous year (salary slip/ income certificate issued by a government department/ income tax return).
• A certificate from a medical practitioner certifying that you do not suffer from any chronic, contagious or fatal disease and that you are fit to adopt.
• Two reference letters from your acquaintances or relatives in support of adoption.
• If you are divorced, the divorce decree.
• If you are a widow, the death certificate of your husband.
• If you have children already, consent of the older child/children in your family (if older than 5 years).

Depending on the specific requirements of your adoption agency, you may be asked to submit certain additional documents. Your adoption agency should be able to answer any queries you may have during the adoption process.

For most parents looking to adopt a child in India, the time it takes to finally bring their child home may be anywhere between 18 and 36 months from the date they register online. It may be possible to reduce the waiting time though by selecting certain categories of children, like special needs children, older children and children who are siblings.

[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]