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Adoption in India: Legal, Financial, and Emotional Preparation

Adoption is a life-changing journey, both for the child and the adoptive family. For prospective parents, readiness means emotional willingness to love and nurture a child. However, it includes legal understanding and sound financial planning as well. 

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Here's a comprehensive look at the legal, financial, and emotional preparations necessary for adoption in India.

Legal Preparation

Adoption in India is governed primarily by two frameworks:

  • The Hindu Adoption and Maintenance Act (HAMA), 1956, applies to Hindus, Buddhists, Jains, and Sikhs.

  • The Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015 – a secular law that allows all Indian citizens, irrespective of religion, to adopt through the Central Adoption Resource Authority (CARA).

Key Legal Steps:

Before adoption, its important to do the following:

  • Pass Eligibility: Prospective adoptive parents (PAPs) must be physically, mentally, and financially stable. Single individuals can adopt, although there are gender-based restrictions (e.g., a single male cannot adopt a girl child).

  • Registration with CARA: All adoptions under the JJ Act must go through CARA. This involves filling out a detailed online application and submitting necessary documents such as proof of income, identity, health certificates, and a marriage certificate.

  • Home Study: A social worker evaluates the prospective family's home environment, background, and reason to adopt.

  • Referral and Acceptance: Once matched with a child, parents can review the child's profile before accepting the referral.

  • Comply with Legalization: After acceptance, the child is placed in pre-adoption foster care, followed by filing a petition in the relevant court. Upon approval, the adoption becomes legally binding.

Financial Preparation

When preparing to adopt, it's crucial to evaluate your financial stability, both for the present and the long term.

Immediate, Ongoing & Future Costs:

  • Adoption Fees: Under CARA, fees are regulated and relatively nominal, especially for domestic adoptions.

  • Childcare: Post-adoption, expenses such as education, healthcare, clothing, and extracurricular activities will begin to add up.

  • Emergency Fund: A solid emergency fund (typically 6-12 months of living expenses) is essential to cushion unexpected financial shocks.

Financial Protection:

Even as adoptive parents, you care for them as much as you you would have for own biological child. Hence, there are no extraordinary reasons for considering financial protection for family in case of an adoption. The most important aspect of financial preparation is life insurance, particularly term insurance. They are pure protection plans designed to offer financial security to your dependents in case of your untimely demise. When you adopt a child, your financial responsibilities increase, making term life insurance plans a necessary and smart choice. 

Here are the reasons you should consider it:

  • Ensures your dependents’ (child) financial stability even in your absence.

  • Cover future education costs and daily living expenses.

  • Offers high coverage with affordable premiums.

Before choosing a policy, it's helpful to explore different coverage and premium options using a term insurance calculator. This tool allows you to estimate the coverage amount you might need based on factors like your income, liabilities, and the future cost of raising a child, helping you make informed decisions without overpaying or being underinsured. You can go to Policybazaar for easy comparison and simple buying process. 

Emotional Preparation

Apart from financial planning, emotional preparedness is a much more complex aspect of adoption. Unlike biological parenthood, adoption often comes with unique emotions. To be prepared before the adoption, here are some discussions both parents must visit:

  • Are you and your partner on the same page about adoption?

  • Will you be prepared for potential challenges, such as attachment issues or questions about identity from your child in the future?

  • Can you offer unconditional love and support, even when things get difficult?

Creating a Supportive Environment:

One of the best ways to create a supportive environment in a potentially complex situation such as adoption is therapy and counseling. Pre-adoption counseling can help families address their expectations and fears. Post-adoption, therapy may be essential to help the child adjust and process their new environment.

Final Thoughts

Adoption is a lifelong commitment to nurture, love, and guide a child that includes an array of legal procedures. The adoption journey can be deeply fulfilling and transformative with the right legal framework, financial planning, including adequate insurance coverage, and emotional preparedness. For those considering this path, remember, the child is not choosing you, its you who are choosing the child.

FAQ's

  • Q1: What is the waiting list for adoption in India?

    A: The adoption process in India can take a long time. On average, the wait to adopt an infant is about 3.5 years. Even though over 4,500 children were adopted in 2024-25, many parents are still waiting.
  • Q2: How much bank balance is required to adopt a child in India?

    A: It’s a good idea to have around ₹5 to ₹10 lakhs in various forms of savings or investments that can be used when required.
  • Q3: Who is eligible for adoption?

    A: Anyone who is physically, mentally, emotionally, and financially stable can adopt. They should not have any serious health problems or a criminal record, especially anything related to child rights violations.
  • Q4: Can I choose the child I want to adopt in India?

    A: No, in India, adoptive parents can’t pick a specific child. CARA (Central Adoption Resource Authority) matches children with parents based on what’s best for both. Parents can share preferences like age or gender, but the final match is made by the adoption agency.
  • Q5: Can I adopt a newborn baby in India?

    A: Yes, you can adopt a newborn in India. The adoption process is managed under the Juvenile Justice Act, 2015, and overseen by CARA.

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