This article is written by Vikas Maurya of SOM Law College, Intern under Legal Vidhiya
Adoption is a legal process by which a person or a couple takes on the responsibility of caring for and raising a child who is not biologically related to them. Adoption is a complex and multifaceted concept that has been shaped by cultural, social, and legal factors throughout history. In this essay, I will explore the meaning and nature of adoption, examining its historical roots, legal framework, and social implications.
Historical roots of adoption
Adoption has been a common practice throughout history in various cultures and societies. In ancient times, adoption was used to secure heirs for ruling dynasties and noble families, and to provide care for abandoned or orphaned children. In some cultures, adoption was also used as a means of acquiring labor or military service. In ancient Rome, for example, adoption was a means of maintaining the patrilineal family line and passing on inheritance. In China, adoption was used to ensure that the family’s ancestral worship would continue, as only male heirs were allowed to perform the rites.
The emergence of Christianity in the Roman Empire brought new religious and moral ideas about adoption. Christian theologians saw adoption as a way to imitate God’s love and mercy, who had adopted humanity as his children through Jesus Christ. Adoption became associated with the Christian virtues of charity, compassion, and selflessness. This spiritual dimension of adoption persisted throughout the Middle Ages and into the modern era.
In the 19th and 20th centuries, the Industrial Revolution and the growth of urbanization led to an increase in the number of abandoned and orphaned children. This created a need for new forms of child welfare and protection, including adoption. Adoption became a legal process in many countries, with the first modern adoption law being passed in Massachusetts in 1851. The development of adoption agencies and the establishment of adoption as a formal legal process paved the way for the modern adoption system.
Legal framework of adoption
Adoption is a legal process that involves the transfer of parental rights and responsibilities from the biological parents to the adoptive parents. Adoption laws vary from country to country, but they generally include a set of procedures and requirements that must be followed in order for the adoption to be finalized.
One of the key features of adoption law is the termination of the biological parents’ rights. In most cases, the biological parents must voluntarily or involuntarily relinquish their rights to the child before the adoption can proceed. This may involve signing legal documents, attending court hearings, or demonstrating that they are unfit or unable to care for the child. Once the biological parents’ rights have been terminated, the child becomes available for adoption.
The adoption process typically involves a number of steps, including home studies, background checks, interviews, and training sessions. The goal of these steps is to ensure that the adoptive parents are suitable and capable of providing a stable and nurturing home for the child. The adoption agency or court will consider factors such as the adoptive parents’ age, health, financial stability, and criminal record, as well as their ability to meet the child’s physical, emotional, and developmental needs.
Once the adoptive parents have been approved, they will be matched with a child who is available for adoption. This may involve working with an adoption agency or a social worker, or it may involve an independent adoption. In some cases, the adoptive parents may have already identified a child that they wish to adopt, such as a relative’s child or a child in foster care.
Once the adoptive parents have been matched with a child, they will typically go through a period of pre-placement visits and bonding before the adoption is finalized.
Law of Adoption
The law of adoption is a legal process that allows individuals to become the legal parents of a child who is not biologically related to them. Adoption laws vary from country to country, but they all serve the same purpose: to ensure that children are placed in safe and loving homes where they can thrive.
Adoption can be a complex and emotional process, involving a number of legal and practical considerations. In this article, we will explore the history and evolution of adoption law, the different types of adoption, and the key legal and practical issues that prospective adoptive parents should be aware of.
Types of Adoption
There are several different types of adoption, each with its own legal and practical considerations. The most common types of adoption include:
Domestic Adoption: Domestic adoption is the adoption of a child within the adoptive parents’ home country. Domestic adoption can be either private or agency-assisted, depending on whether the adoptive parents work directly with the birth parents or go through an adoption agency.
International Adoption: International adoption is the adoption of a child from a foreign country. International adoption can be a complex process, as it involves navigating the laws and regulations of both the adoptive parents’ home country and the child’s country of origin.
Stepparent Adoption: Stepparent adoption is the adoption of a child by the spouse of their biological parent. Stepparent adoption is typically a relatively straightforward process, as long as the biological parent consents to the adoption.
Foster Care Adoption: Foster care adoption is the adoption of a child who has been placed in the foster care system. Foster care adoption can be a lengthy process, as it typically involves working with social workers and court officials to ensure that the child is placed in a safe and loving home.
Relative Adoption: Relative adoption is the adoption of a child by a family member, such as a grandparent or aunt/uncle. Relative adoption can be a good option for children who are already connected to their new family through blood or other close relationships.
Inter country adoption
Inter-country adoption is a process in which a child is adopted by parents who reside in a different country than the child. The child is typically adopted from a foreign country because the adoptive parents are unable to have children of their own, or they choose to adopt a child from a specific culture or country.
Inter-country adoption can be a complex process that involves many legal and social requirements, both in the adoptive country and the country of origin of the child. It’s important to note that different countries have their own laws and regulations regarding inter-country adoption, and the process can vary widely depending on the country of origin and the adoptive country.
The process of inter-country adoption typically involves an application process, background checks, and a home study to ensure that the prospective adoptive parents are suitable to provide a safe and nurturing home for the child. Once the adoption is approved, the adoptive parents must obtain visas and travel to the country of origin to finalize the adoption.
It’s important to note that inter-country adoption can have both positive and negative outcomes. On the one hand, it can provide loving families for children who may not have had that opportunity in their country of origin. On the other hand, there have been instances of exploitation and abuse in the inter-country adoption process, leading to increased scrutiny and regulation of the process in many countries.
Condition of adoption
Adoption is the legal process by which a person or a couple becomes the legal parent or parents of a child who is not their biological offspring. Adoption can be a long and complicated process that involves many legal, emotional, and social considerations. It is typically used as a way to provide a stable and loving home for a child who cannot be raised by their biological parents for various reasons, including abandonment, abuse, neglect, or death.
There are many different types of adoptions, including domestic adoption, international adoption, foster care adoption, and open adoption. Each type of adoption has its own set of requirements, procedures, and challenges, but there are some common elements that apply to all adoptions.
The first step in the adoption process is to decide that adoption is the right choice for you and your family. This involves a lot of soul-searching, research, and discussion with your partner or family members. You need to be prepared to make a long-term commitment to raising a child and to provide a stable and nurturing environment for them to grow up in.
Once you have decided to pursue adoption, you will need to choose the type of adoption that is right for you. Domestic adoption involves adopting a child who is a citizen or resident of your country, while international adoption involves adopting a child from another country. Foster care adoption involves adopting a child who has been placed in foster care due to abuse, neglect, or abandonment by their biological parents. Open adoption allows for some level of contact between the adoptive family and the biological family, while closed adoption involves no contact between the two families.
The next step in the adoption process is to meet the eligibility requirements. Each type of adoption has its own set of eligibility requirements, but some common ones include being over 21 years of age, being in good physical and mental health, having a stable income, and passing a criminal background check. If you meet the eligibility requirements, you will then need to complete an application and undergo a home study.
The home study is a comprehensive evaluation of your home, lifestyle, and parenting skills to ensure that you are capable of providing a safe and stable home for a child. It involves interviews with all members of your household, a review of your financial and medical records, and a home visit by a social worker. The home study can take several months to complete, and you will need to pay a fee for this service.
Once you have completed the home study, you will then be matched with a child who is available for adoption. This can be done through an adoption agency, a private adoption attorney, or through the foster care system. The matching process involves reviewing the child’s medical, social, and emotional history to determine if they are a good fit for your family.
If you are matched with a child, you will then need to attend a pre-placement visit to get to know the child and to ensure that everyone is comfortable with the adoption. If the visit goes well, you
will then need to complete the legal requirements for adoption, including filing a petition for adoption, attending a court hearing, and finalizing the adoption in court.
Adoption can be a rewarding and life-changing experience for both the adoptive parents and the child. It provides a loving home for a child who might otherwise be without one, and it allows parents to experience the joys and challenges of parenthood. However, it is not a decision that should be taken lightly, and it is important to do your research, seek support from family and friends, and work with a reputable adoption agency or attorney to ensure a successful adoption process.
Effects of Adoption
There are many different types of adoptions, including domestic adoption, international adoption, foster care adoption, and open adoption. Each type of adoption has its own set of requirements, procedures, and challenges, but there are some common elements that apply to all adoptions.
The first step in the adoption process is to decide that adoption is the right choice for you and your family. This involves a lot of soul-searching, research, and discussion with your partner or family members. You need to be prepared to make a long-term commitment to raising a child and to provide a stable and nurturing environment for them to grow up in.
Once you have decided to pursue adoption, you will need to choose the type of adoption that is right for you. Domestic adoption involves adopting a child who is a citizen or resident of your country, while international adoption involves adopting a child from another country. Foster care adoption involves adopting a child who has been placed in foster care due to abuse, neglect, or abandonment by their biological parents. Open adoption allows for some level of contact between the adoptive family and the biological family, while closed adoption involves no contact between the two families.
The next step in the adoption process is to meet the eligibility requirements. Each type of adoption has its own set of eligibility requirements, but some common ones include being over 21 years of age, being in good physical and mental health, having a stable income, and passing a criminal background check. If you meet the eligibility requirements, you will then need to complete an application and undergo a home study.
The home study is a comprehensive evaluation of your home, lifestyle, and parenting skills to ensure that you are capable of providing a safe and stable home for a child. It involves interviews with all members of your household, a review of your financial and medical records, and a home visit by a social worker. The home study can take several months to complete, and you will need to pay a fee for this service.
Once you have completed the home study, you will then be matched with a child who is available for adoption. This can be done through an adoption agency, a private adoption attorney, or through the foster care system. The matching process involves reviewing the child’s medical, social, and emotional history to determine if they are a good fit for your family.
If you are matched with a child, you will then need to attend a pre-placement visit to get to know the child and to ensure that everyone is comfortable with the adoption. If the visit goes well, you will then need to complete the legal requirements for adoption, including filing a petition for adoption, attending a court hearing, and finalizing the adoption in court.
Adoption can be a rewarding and life-changing experience for both the adoptive parents and the child. It provides a loving home for a child who might otherwise be without one, and it allows parents to experience the joys and challenges of parenthood. However, it is not a decision that should be taken lightly, and it is important to do your research, seek support from family and friends, and work with a reputable adoption agency or attorney to ensure a successful adoption process.
Some Famous Cases in under the adoption in India:-
Adoption in India is a complex and multi-layered issue. Here are some examples of adoption cases in India:
Inter-country Adoption: In the early 1990s, the Indian government passed the Juvenile Justice Act, which allowed for inter-country adoption. Many children were adopted by parents from foreign countries, especially from the United States and Europe. However, in recent years, the government has tightened its regulations for inter-country adoption to ensure the welfare and protection of children.
Single Parent Adoption: In India, single people are allowed to adopt children. In 2017, a single man from Mumbai made headlines when he adopted a girl child who was abandoned by her parents. This was a landmark case, as it was the first time a single man had legally adopted a child in India.
Transgender Adoption: In 2018, a transgender woman from Kerala became the first in India to legally adopt a child. She had been fighting for the right to adopt for several years, and her case set a precedent for other transgender people who wish to adopt children.
Same-Sex Couple Adoption: Same-sex couples are not allowed to adopt children in India, but in 2020, a gay couple from Mumbai managed to legally adopt a baby boy. This case was a milestone for the LGBTQ+ community in India, as it challenged the country’s traditional views on family and parenting.
Relative Adoption: In India, it is common for extended family members to adopt children who have been orphaned or abandoned. This is known as relative adoption. In 2019, a woman from Bihar adopted her orphaned niece and nephew after their parents died in a road accident. The case was widely praised, as it demonstrated the importance of family support and the resilience of children in difficult circumstances.
0 Comments