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Now we have a new legislation called "Juvenile & Justice Act, 2015" replacing the JJ Act of 2000. In this new act, adoption has assumed a significant importance with an exclusive chapter. Subscribe and follow this blog for more information in the days to come.

Saturday, December 05, 2009

How young of a child can I expect to adopt from India?

There’s nothing wrong to expect to adopt a child that is as young as possible. Those that have the energy, resources and preference to bring up a young child should go for it. However, knowing how young of a child to expect, makes the journey pragmatic.

CARA guidelines itself doesn't speak about the minimum age of the adoptable children but the rules of Juvenile and Justice Act 2000 (amended in 2006) gives you an idea about how young of a child can be expected.

For example, a child was abandoned and brought by the police to the adoption agency after filing an FIR (First Information Report). Agency is required to follow the process to relocate the family by doing certain things like advertising in the newspapers, radio and television and then wait for 60 days (as per sub clause (IV) of clause (g) of sub-rule (3) of rule 33 of the JJ Act rules). This means even if someone abandons a day old baby, that baby cannot be placed in adoption for a minimum of 60 days. After that, the child has to be declared "free for adoption" and then the process has to complete which can easily take few months

On the other hand, if the child is surrendered by his/ her parents, then the situation is little different. Parents sign the deed of relinquishment. Adoption agency has to wait for 60 days of reconsideration of parents’ decision (clause (d) of sub rule (4) of rule 33 of the JJ Act). This means even if the family surrendered a day old baby, baby has to wait for 60 days to place the child in adoption. At the end of 60 days, child has to be declared free for adoption and then the process is the same for both (abandoned and surrendered).

In my personal opinion, it is probably safe to assume that it is difficult to adopt a child that is under six months of age. If someone does adopt a child under six months, I would be curious to study the timeline.

Got questions on adoption? Write to me at indiahopehouse@gmail.com

This above information is made available to you by the HOPE House - a registered charitable trust that cares for orphan, semi-orphan and disadvantaged girls in Vellore, India. Would you like to financially support us? Click here to learn more

5 comments:

Peter and Nancy said...

Thanks for posting this -- a child younger than 6 mo. may be a likely victim of trafficking, and it's important for people to know that.
Nancy (mom to bio sons Aaron-9, and Nathan-7, and Anya Rashi from Kolkata-turning 3 in a week . . . and waiting for another daughter from India!)

Anonymous said...

Thank you for this informative blog, Ruby. Of course, I assume this timeline probably only applies to overseas adoptions, rather than domestic adoptions in India? I do know of 2 cases of single women in India who brought home their daughters at 3mos of age. So the 60 days wait applies in all cases, but then there's a period when the child is available first to in-country families, then to overseas families. I met my daughter when she was just under 5 months old, and was able to come home with her when she was 9 mos old. That was in 2004 -- a lot has changed since then, I understand.

Anonymous said...

Hey. Thanks for the blog. Just to update, last week, we adopted a child who is 2 and half month old. Yes, adopting a child under 6 months has its ups and downs but for someone with no kids, a small(er) baby can, at least, give those initial joys of parenthood. It's such a great feeling, words can't describe!!!

Ruby Nakka - Admin. said...

I know the feeling of adopting a small(er) baby myself and I wouldn't want to deny that to anyone. I am glad you were able to adopt a 2 and a half month old baby. Is it domestic or inter-country adoption?

Ruby

Anonymous said...

Ruby Hi,

We adopted the baby from a domestic RIPA. Still getting used to it. The joy of parenthood is much much greater than anything associated with it.