At Tamil Nadu NRI Legal Services , we understand that adoption is a life-changing decision filled with hope and anticipation. Our family law experts provide comprehensive legal support to guide you through the adoption process, ensuring all legal requirements are met smoothly and efficiently. Whether you're a couple, a single parent, or an NRI looking to adopt, we simplify the legalities so you can focus on building your family.

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Legal Framework for Adoption in India

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Adoptions in India are governed by specific laws, depending on religion and personal beliefs:

• Hindu Adoption and Maintenance Act (HAMA), 1956: Applicable to Hindus, Buddhists, Jains, and Sikhs. It allows adoption of both boys and girls and grants full parental rights.

• Juvenile Justice (Care and Protection of Children) Act, 2015: A secular law enabling all individuals, including non-Hindus and NRIs, to adopt legally. The Central Adoption Resource Authority (CARA) regulates this process.

• Guardians and Wards Act, 1890: Often used when adoption laws under personal law are not applicable. It grants guardianship rather than full parental rights.

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Our legal team will advise you on which law applies to your case and guide you through the relevant process.

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Types of Adoptions We Assist With

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• Domestic Adoptions: For Indian residents adopting a child within the country.

• NRI and Overseas Citizen of India (OCI) Adoptions: Assisting NRIs and OCIs in adopting from India.

• Relative Adoptions: When a child is adopted by a close family member.

• Step-Parent Adoptions: Formalizing a step-parent’s legal relationship with their spouse's child.

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Step-by-Step Adoption Process

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1. Registration: Prospective adoptive parents (PAPs) must register with an authorized adoption agency or CARA.

2. Home Study: A licensed social worker will conduct a home study to assess the suitability of the PAPs.

3. Referral of a Child: Matching the PAPs with a child based on preferences and eligibility.

4. Acceptance: PAPs review the child’s medical records and give consent to adopt.

5. Court Petition: Filing a petition in family court to obtain an adoption order.

6. Finalization: Once the court grants the adoption order, the child’s legal status is updated, and a birth certificate is issued with the adoptive parents' names.

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Documents Required for Adoption

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• Identity proof (Aadhar card, passport, etc.)

• Marriage certificate or divorce decree (if applicable)

• Income proof (salary slips, income tax returns)

• Medical fitness certificate

• Photographs of the prospective parents

• Home study report

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Why Choose Tamil Nadu NRI Legal Services

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• Expert Legal Advice: Personalized guidance on choosing the correct adoption route.

• Paperwork Assistance: Helping prepare petitions, affidavits, and court submissions.

• Court Representation: Representing you in court proceedings for adoption orders.

• Cross-Border Adoption Support: Facilitating NRI adoptions and ensuring recognition in foreign jurisdictions.

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Frequently Asked Questions (FAQs)

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 Can single individuals adopt a child in India?
Yes, single individuals can adopt under the Juvenile Justice Act, provided they meet the eligibility criteria. Single men can adopt boys, while single women can adopt children of either gender.

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 What is the age limit for adopting parents?
Under CARA guidelines, the combined age of a married couple must not exceed 110 years. For single parents, the maximum age is 55 years.

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 Can NRIs adopt children from India?
Yes, NRIs can adopt through the Juvenile Justice Act and CARA regulations. The process involves home studies conducted by authorized foreign agencies.

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 How long does the adoption process take in India?
Adoption timelines vary, but it typically takes between 12 to 24 months, depending on the child's availability and court procedures.

 

Is the biological parents' consent required for adoption?
If the child is orphaned, abandoned, or surrendered, consent is handled through CARA and the court. For relative adoptions, biological parents' consent is mandatory.

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What rights does an adopted child have?
Adopted children have the same legal rights as biological children, including inheritance rights.