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Adoption for Single Men in India: Legal Options and Guidelines

Introduction

Adoption is a fulfilling option for individuals unable to conceive or those wishing to nurture children independently. While adoption processes typically favor married couples, there is a growing trend among single individuals, especially men, pursuing adoption in India. It's important to note that Indian adoption laws set specific eligibility criteria and limitations on single males, particularly in the context of adopting female children.

This blog provides an overview of the legal options available to single men seeking to adopt in India, including pertinent statutes, eligibility criteria, and procedural requirements.

Adoption Under the Hindu Adoption and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act, 1956 governs the adoption process for Hindus, Buddhists, Jains, and Sikhs. A Hindu male can adopt under the following conditions:

Consent Requirement

  • A married Hindu male must obtain consent from his living wife unless she is of unsound mind, has renounced worldly life, or converted to another religion.

Child Eligibility

  • A married couple cannot adopt a son if they already have a living son, grandson, or great-grandson, whether legitimate or illegitimate.
  • Similarly, they cannot adopt a daughter if they have a living daughter or granddaughter.

Age Gap Requirement

  • The male adoptive parent must be at least 21 years older than the child when adopting a daughter, aimed at protecting the minor from exploitation.

Important Note: According to the Central Adoption Resource Authority (CARA) regulations, unmarried men are barred from adopting female children, despite meeting the Act's criteria.

Adoption Under the Guardians and Wards Act, 1890

For individuals outside of the Hindu Adoption and Maintenance Act—including Christians, Muslims, Jews, or Parsis—the Guardians and Wards Act, 1890 prescribes the adoption process. This law establishes legal guardianship with court approval rather than equating adoption to biological parenthood.

Procedure for Adoption

  1. File a petition with the district court.
  2. Attend scheduled court hearings.
  3. Provide details about the child intended for adoption.
  4. Obtain a final decree that solidifies guardianship.

Child Eligibility

  • Must be a minor (under 18 years old).
  • Must not be Hindu.
  • Should be orphaned, abandoned, or surrendered.

Upon receiving the guardianship order, the adoptive parent must provide a certified copy to the adoption agency, alongside the child's admission certificate listing the adoptive parents' names. The entire procedure should be completed within two months of filing the petition.

Adoption by a Single Male Under the Juvenile Justice (Care and Protection of Children) Act

The Juvenile Justice (Care and Protection of Children) Act offers another method of adoption applicable to all citizens, regardless of religion.

Key Provisions

Prospective adoptive parents must meet certain criteria:

  • Be physically fit.
  • Be mentally sound.
  • Be financially capable.
  • If married, obtain consent from both spouses.

Single or divorced men may adopt; however, they cannot adopt female children. Compliance with all adoption regulations is crucial. This Act is managed by CARA, which oversees the adoption processes in India.

Eligibility Criteria for Adoptive Parents Under CARA Guidelines, 2015

The CARA Guidelines, 2015 establish a framework for regulating adoption and ensuring the welfare of children placed for adoption.

General Eligibility

  • Proven good physical and mental health.
  • Financial stability.
  • No life-threatening medical conditions.

Marital Status

  • Single women can adopt children of any gender.
  • Single men are permitted to adopt only male children.

Additional Conditions

  • Couples must maintain a stable marital relationship for a minimum of two years.
  • A minimum age difference of 30 years must exist between the adoptive parent and child (exception applies to stepparent adoptions).
  • Families with three or more biological children are typically ineligible to adopt, except in cases involving children with special needs.

Age Brackets for Adoption

  • Single parents up to 45 years can adopt children aged 2–4 years.
  • Up to 50 years for adopting children aged 4–8 years.
  • Up to 55 years for adopting children aged 8–18 years.

Composite Age Rule

  • Couples with a combined age exceeding 110 years cannot adopt.

Medical Fitness Requirements

  • Adoptive parents must provide health certificates confirming no life-threatening conditions.

Psychological Evaluations

  • Mandatory psychological testing by a doctoral-level psychologist is required for adoptive parents.

Foster Care Pathway (2024)

  • Single males may foster male children aged 6 and above and can adopt them after a period of two years.

Prohibition on Third Child

  • Couples with three or more biological children cannot adopt unless the child has special needs.

Conclusion

Adoption presents a significant opportunity to provide a stable and loving environment for children. Legally, adopted children enjoy equal rights to biological children within the framework established by Indian law.

While single men can adopt male children, CARA regulations restrict them from adopting female children. These regulations aim to protect children, yet they also risk fostering gender-based discrimination in the adoption process.

As societal norms evolve and awareness grows, it is essential to engage in ongoing discussions and evaluate policies to promote inclusivity, allowing all eligible individuals, regardless of marital status, to become nurturing and responsible parents.