About Adoption Law in Mumbai, India
Adoption in Mumbai, India, operates under the Juvenile Justice (Care and Protection) Act 2015 and the Hindu Adoption and Maintenance Act (HAMA) 1956. These laws deal with the adoption of abandoned, abused, or surrendered orphaned children and conventional adoption among Hindus. Interestingly, India has also ratified the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993), facilitating international adoptions.
Why You May Need a Lawyer
A lawyer's expertise often becomes crucial for prospective adoptive parents for a variety of reasons. Complexities might arise during the adoption process where professional legal aid is required. This includes legal complexities in inter-country adoption, disputes in biological parents' rights post adoption, issues of inheritance, and citizenship for the adopted child. A legal counsel can ensure that all adoption processes are legally abided by, thereby safeguarding the interests of adoptive parents and the child.
Local Laws Overview
In Mumbai, an adoption needs to be carried out under either the Juvenile Justice (Care and Protection) Act 2015 or the HAMA 1956. As per the local laws of Mumbai, the Central Adoption Resource Authority (CARA) oversees the regulation and procedure of adoption. To successfully adopt a child, the prospective adoptive parents must be physically, mentally, and financially stable, promising a healthy upbringing for the child.
Frequently Asked Questions
1. Who can adopt a child in Mumbai?
Any Indian citizen who is financially stable, physically fit, and does not have a life-threatening disease can adopt a child. Couples must have at least 2 years of stable marital relationship. Single women can also adopt a child of any gender, while single men can only adopt boys.
2. Who is eligible for adoption in Mumbai?
A child up to the age of 18 is eligible for adoption if they are declared legally free for adoption by the Child Welfare Committee (CWC).
3. Where should the process of adoption be initiated?
The process of adoption begins online on the Child Adoption Resource Information and Guidance System (CARINGS), under the Central Adoption Resource Authority (CARA).
4. Can NRIs adopt children from Mumbai?
Yes, Non-Resident Indians (NRIs) can adopt children from Mumbai. There is a special provision for NRIs, and they fall under the inter-country adoption process.
5. Can the biological parents claim their child post adoption?
No. As per the law, after the signing of the adoption deed, the biological parents have no legal claim over the child.
Additional Resources
For further assistance and support, one can consider visiting the following resources: Central Adoption Resource Authority (CARA), State Adoption Resource Agency (SARA), Specialised Adoption Agencies (SAA), and District Child Protection Unit (DCPU). These organizations can provide detailed and accurate information related to adoption.
Next Steps
If you plan to proceed with adoption and require legal assistance, it is strongly suggested to consult with a legal professional experienced in adoption laws. You can engage with a lawyer through reputable law firms or through legal aid services. Make sure to prepare all your questions and concerns to ensure you get the necessary advice and guidance for a successful adoption process.
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