Family and Child Welfare

Family and Child Welfare 3 (3+0)

Lesson 24 : Adoption for Children

Steps for adoption

1. Study of the child: Since the most important person in any adoption is the child, it is very necessary to study the child who is to be adopted. This study includes the child's previous placements in different institutions and his family background.


2. Study of adopted parents: A study of prospective parents may be equally important and necessary. The social worker should, therefore, study the history of the adopting parents, their temperament and the reasons as to why they wish to adopt.


3. Discussions: Aftera study of the adopted child and the prospective parent is made, it would be necessary in some cases to consult the natural parents of the child in order to know their desires and reactions to the proposed adoption This discussion might first take place between the social worker and the natural parents separately and then jointly with the prospective parents. It is the duty of the social worker to introduce the child with all his physical, mental and emotional shortcomings.


4. Visits: If adoption is finally agreed to, it would be worthwhile to arrange visits of the child to the adopted parents. Sometimes the child might stay in the adopted parents' house for a couple of days. Close supervision by a social worker this stage is equally important. He will study the reactions the child and the adopted parents in order to find out the possibility of future adjustments.


5. Legal Basis: After all these stages are completed, it may be necessary to take legal steps for adoption. The Hindu Adoption and Maintenance Act, 1956 lays down the following conditions for adoption. For other communities there is no enactment governing the practice of adoption.


1. The person adopting the child should fulfill the following conditions:
1. He should be of sound mind,
2. He should not be a minor, and
3. He should have obtained the consent of his wife and if a woman is adopting, she should be either unmarried or if married, the marriage has been dissolved or the husband is dead etc. (Any widow has a right to adopt under this Act.)
2. A person giving in adoption likewise should fulfill the conditions given below:
1. He should be one of the parents or a legal guardian the child,
2. the consent of both the parents should be obtained and
3. there should not be any monetary consideration for this adoption.
3. Person adopted is capable of being taken in adoption provided:
1. He or she is a Hindu,
2. He or she has not already been adopted,
3. He or she has not been married, and
4. He or she has not completed the age of 15

Other conditions for Adoption: In every adoption, following conditions must be complied with,

1. If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a son, son's son or son's son's son (whether by legiti­mate, blood relationship or by adoption) living at the time of adoption
2. If the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a daughter or son's daughter living at the time of adoption
3. If the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted
4. If the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted
5. The same child may not be adopted simultaneously by two or more persons
6. The child to be adopted must be actually given and taken in adoption by the parents or guardian concern­ed or under their authority with intent to transfer the child from the family of its birth to the family of its adoption.

Provided that the performance of "datta homa" shall not be essential to the validity of an adoption.