Adoption Law Firm

Adoption Lawyers

What Is Adoption Law and How Does It Work in India?

Adoption Law is the legal process by which a single parent or a couple can legally adopt a child and become the child’s legal parent. As per the adoption law in India, once the adoption is done legally the adoptive parents become the legal parent of the child, similar to the biological parent and the child attains the status of legally adopted child, with all rights, duties and relationship similar to that of biological child. This means that the adopted child shall have all the rights and privileges of a biological child and the adoptive parents shall have all the rights, responsibilities, obligations and relationship similar to that of the biological parent of the child including right to inheritance, right to care and protection.

Adoption refers to the legal transfer of a child from the natural parent to the adopting parent. Legal adoption is not just a social exchange of a child from one family to another but is a transfer of all rights and responsibilities as a parent. Hence, it is important to know about legal adoption in India and process of adoption in India as it involves numerous laws, rules and judiciary procedures which are to be strictly complied with as per the directives of the Government of India.

What Is the Adoption Process in India and What Steps Are Involved?

The adoption process in India is guided by several regulatory frameworks, mechanisms and standards with the principle of child welfare being paramount. CARA or the Central Adoption Resource Authority is the main regulatory body for the process of adoption.

• Adoption begins with registration through an authorized adoption agency.
• A home study report is made for the future adoptive parents to assess their suitability and preparedness for the adoption.
• After the adoptive parents are deemed eligible, they are matched with a child according to the wishes and possibilities that are present at that time.
• Acceptance of the Child by Adoptive Family leads to the legal process of Adoption after the Child is accepted by the Adoptive Family, a petition has to be filed before the Court to seek Adoption of the Child.
• The Adoptive Family then has to personally appear before the Court; take the adoption decree by signing it and be present for the adoption hearing before the jurisdictional judge to ensure that the Adoption of the Child is in its best interest and;
• On being satisfied the adoption order of the child is given by the Court and that concludes the adoption process in India.

Adoption is a very procedural matter coupled with a lot of legalities, and many parents opt for getting their adoption work done through an Attorney who specializes in adoption law or through an adoption law firm, so as to see through the procedure of adoption in an efficient manner and to the minutest of details.

Why Do You Need an Adoption Lawyer in India?

They will provide legal guidance and assistance on your suitability as prospective adoptive parents under the relevant law and in accordance with the requirements of the CARA (Adoption Law for India). An Adoption Lawyer will assist you in drawing and filing your adoption petition, appear on your behalf in Court and guide you through the adoption process. They will clarify the contents of the adoption court order and its legal and practical implications. They will identify and deal with any terms and conditions incorporated into the court order and clarify and address any ambiguities and unclear or incomplete terms.

We have a team of highly qualified family lawyers who have experience of a broad range of adoption scenarios. This expertise, combined with our commitment to providing a professional yet sensitive service to all our clients, means that we can support you throughout the whole adoption process – from your initial first meeting through to the successful completion of your adoption order.

What Happens During Legal Adoption Proceedings in Court?

The court proceedings form an integral part of the legal adoption process in India. Once the adoption petition is filed, the Court hears the adoption petition by scheduling a hearing where the adoptive parents have to be physically present.

In India all documents are checked and verified by the Judicial Magistrate who will make an oral examination and assess the completeness and intentionality of the adoptive parents in relation to the child's best interests, while referring to the adoption procedures compliant with Indian legislation in place.

The court considers the reports and evidence received and makes a decision on the adoption application. If the application is granted the court will make a subsequent adoption order. The adoption order is the legal document that creates a parent – child relationship between the adopted child and the adoptive parents and severs any previous parental rights and duties to the child. Specialist adoption solicitors such as our team can assist you in preparation for the hearing and will make sure you fully understand what to expect.

How Can India Law Offices as an Adoption Law Firm Assist You Throughout the Process?

India Law Offices as one of the best Adoption Law Firm in India deals with the process of adoption end to end in a professional manner. From introducing the law of adoption in India to the client and the ways in which adoption in India works right through to obtaining a decree from the Court, everything is carried out in a precise and accurate manner.

Our team of adoption lawyers provides:

• the necessary documentation
• assess the eligibility of prospective parents
• process petitions to adopt a child and;
• deals with any issues that arise after a child has been given up for adoption.

Our experienced team will help to reduce bureaucracy and avoid costly and time-consuming delays. We are able to advise and assist our clients in a manner that ensures all applicable legislation and regulations are met.

By working with a team of experienced adoption lawyers, prospective parents can focus on welcoming a child into their family while leaving the legal complexities in capable hands.

Why Is Following the Legal Adoption Process in India So Important?

All adoption proceedings in India have to be carried out in accordance with the prescribed adoption procedure, failing which the adoption will not be considered legal or valid, and may lead to the rejection of the adoption petition and potential disputes.

Adoptions carried out in India and according to Indian Law ensure the protection of the rights of both the adoptive and the adopted child. At the end of the adoption process the child is legally integrated into the family and holds the same status as a biological child.

So why would you want to try and deal with this on your own? The answer is simple: you won’t! Seeking guidance from an experienced adoption attorney or adoption law firm is not only encouraged but required.