Frequently Asked Questions

1. Which agencies are licensed to place children in adoption?
2. What are the Basic requirements for adopting?
3. What are the legal aspects of child placements or aspects of child placements or adoption?
4. When is a child considered legally free for adoption?
5. What are the procedures involved in adopting?

Which agencies are licensed to place children in adoption?

The agencies that are licensed to place children in adoption are:

• Recognised Indian Placement Agency (RIPA)

Recognised Indian Placement agencies are licensed to place children in In-country and Inter-country adoptions.

• Licensed Adoption Placement Agency (LAPA)

Licensed Adoption Placement Agencies are those agencies that are licensed to undertake In-country adoptions. 

What are the Basic requirements for adopting?

Vathsalya seeks adoptive families who have a warm and mature love for children and who have the desire and flexibility to love, accept and raise a child not born to them. Also, parents should be in good physical and emotional health and have reasonable financial ability to care for the child.

In addition:

• AGE: In two-parent families, each parent should be at least 25 years old and not older than 45 years, for a child below one year. 

• MARITAL STATUS: Married for a minimum of 5 years. 

• MONTHLY INCOME: Minimum Rs. 10,000/- month.

What are the legal aspects of child placements or aspects of child placements or adoption?

Acts that deal with child placement in Adoption are:

   1. The Hindu Adoptions and Maintenance Act 1956.

   2. The Guardians and Wards Act of 1890.

   3. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

The Hindu Adoptions and Maintenance Act 1956.

Description

People professing Hindu religion, including Buddhists, Jains and Sikhs are governed by this Act.

Children of either sex, legitimate or illegitimate, of unknown parentage, abandoned, but brought up as Hindus are also covered under the definition of this Act.

Who may adopt?

A Hindu male who is over twenty-one years old and of sound mind may adopt for himself, if he is single, and with the consent of his wife, if married. A Hindu female, who is single in status that is either unmarried, divorced, or widowed and is over twenty-one years old and is of sound mind may adopt a child. A married woman does not have the right to adopt but has right to consent for adoption, when her husband adopts a child. Her right to adopt can be exercised only when her husband loses his capacity to adopt.

Other Conditions

 When an adoptive parent wishes to adopt a child of Opposite sex,he/she must be twenty-one years older than that of the child.

• An adoptive parent cannot adopt a son, if he/she already Has a son, grandson, great grandson.
• Adopted child gets all the right of a biological child.
• Such adoption is irrevocable, and an adopted child cannot be placed in adoption once again.

The Guardians and Ward Act 1890

Description

All non-Hindus can take a child under GAWA (Guardians and Ward Act). This Act of 1890 gives legal guardianship to the couple. The disadvantage is that the child does not become a natural inheritor. The legal document is valid until the child becomes 21 years of age.

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

This Act provides for people from all religions to adopt. This is operational only in Gujarat, Kerala and Maharashtra. We are working towards making it operational in Karnataka.

When is a child considered legally free for adoption?

A Child is considered to be legally free for adoption under the following circumstances:

Surrendered Child

When biological parent/parents voluntarily surrender their right over the child in favour of an agency giving their consent for adoption of the child to any person, by executing a document of surrender. Biological parents are counseled and duly informed by the agency the effect of their consent for adoption and the alternative facilities available for the care and maintenance of the child, if they wish to keep the child. They are also given three months waiting period after execution of the document to reconsider their decision. At the expiry of that period, the surrender deed becomes irrevocable.

Abandoned Child

Whenever a child is found abandoned the agency will inform The police and produce the child before a Juvenile Welfare Board. After enquiry, if the Board is satisfied, that there are no Claimants for the child and it is deliberately abandoned, it would issue a certificate of abandonment, setting the child legally free for adoption.

What are the procedures involved in adopting?

Application, Homestudy and Dossier Processing

Application

The following documents are required from the adoptive couple:

•  Birth Certificate or S.S.L.C. Marks Card of the Adoptive Couple (photocopy attested)
•  Marriage Certificate /Affidavit or wedding invitation of the Adoptive Family
•  Health Certificate from a Registered Medical Practitioner (original)
•  Gynaecological Reports (if applicable)
•  A recent photograph of the Adoptive Family (3 copies)
•  Letters of recommendations from family and friends (3 letters)
•  Employment and Income Certificate from the Employer 0r Tax return papers
•  Property statements (Assets like Bonds, Shares Etc.)
•  A Bank Reference
•  Adoption Decree of previous adopted children (if applicable).

After review of the completed application, a home study will have to be completed. This is done by our agency social worker. The home study is an interview process where you learn about adoption and a social worker helps you determine your ability to parent an adopted child.

Home Study Report

It is a crucial document prepared by the social worker of a placement agency to evaluate a prospective adoptive parent and must include information on the following:

•  Social status and family background
•  Description of home
•  Standard of living
•  Current relationship between husband and wife
•  Relationship of couple and members of their extended families
•  Employment status
•  Health status
•  Accommodation and amenities in the home
•  School facilities for the child
•  Reasons for adoption
•  Attitude of grandparents and other extended members of the family towards adoption.

Child Study Report

This report should be prepared by the social workers of the Adoption agency holding custody of the child. The report would contain information regarding background of the child including the history and present health conditions, developmental milestones, behavioral patterns etc.

Child Assignment

Based upon the home study recommendation and the Social Worker's discussion, you will be matched with a child. Most children are healthy with potential for normal growth and development. You should be aware that institutional children are developmentally delayed as compared to children living with families, and this is because institutions cannot provide the individual love and care that a family can provide. However most of our children are with families in foster care.

When you accept a child, you will sign the Child Study Report and Physical Examination Reports which will give you all non identifying information pertaining to the child and his/her family. Papers will then be given to our advocate. A petition signed by you will be filed in court. The scrutiny body which is the Karnataka State Council for Child Welfare will examine the papers and will need to see and the matched child. After a child is matched and you approve, you may take the child in pre-adoptive foster care until the court order is issued.

The process in court will take 2-3 months at the end of which you will receive the court order.

Post Placement Services

Every six months for 2 years you will need to give us a report with photos which will be filed in court. This is to ensure that the child is doing well.