Adoption Process in General:
From an unknown Parent or for an unknown baby.
To adopt a child you can contact an legal adoption agency and the agency will provide you information about the whole adoption process. Please note never go any unauthorized agency or agent, Law is very strict and clear about adoption in India, you can only adopt a baby through a legal organization.
The legal agency will provide you information about whole process. If you are agreed with the terms and conditions of the agency they will give you an application form. Once you submit your application form the agency will do the following in general:
- Arrange a police check / verification for your inquiry. You will not be able to adopt if you or any member of your family have been involved in a serious offence against any child. Police basically gives a character and no objection certificate.
- Medical examination: Adoption centre will ask you for few medical tests like HIV, Hepatitis, and Cancer Tests etc.
- You have to give the names of 2 or 3 references (not relatives) who can give your personal reference.
- Once you fulfill all the formalities, agency arranges a social worker to visit you at home for home study to make sure that you suitable to become an adoptive parent. Social Worker will send the assessment report to the adoption agency.
- Once your agency decides you can adopt they will start the process of finding a child for you to adopt.
- You may be given a priority no. based on previous applications and it may take few months to 1-2 years to get your turn.
- Child Selection: Once you got your turn you will have right to accept or reject the child. You will also have right to get medical checkup (tests) done for that child.
- Court Order: Once you got your turn and you have selected the child to make an adoption legal, you need to apply for an adoption court order. Once the order has been granted the adoption becomes permanent. You get an adoption certificate and the child has the same rights as if they were your own birth child. The order also takes away parental responsibility and rights from the child’s birth parents (if any) or anyone else who has parental responsibility for the child earlier.
Adopting Previous Child of Spouse (General Process):
- You would need biological father NOC to change name of child in passport
- Biological father is natural guardian of child . you would need his consent .
- As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4(2) “In the event of remarriage after divorce, the name of step- father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian”.
- It wont be possible to exclude biological father name in passport . delhi High court has held that for valid degree of adoption father consent is necessary . even if he has given custody to mother he continues to be biological father