Adoption of brother's son

Yes it can be done. Advocate Ishan Ganguly

To show or qualify for an exception to the standard age limit of 55 for a single male, you must pivot from the "General Adoption" category to the "Relative Adoption" or "Step-parent Adoption" categories. Under the Adoption Regulations, 2022, the strict age caps are specifically relaxed for these cases. Here is how you can demonstrate and process these exceptions: 1. The Legal Foundation for the Exception The primary exception is found in Regulation 5(7) of the Adoption Regulations, 2022 (and supported by Section 56(2) of the JJ Act, 2015). It states: "The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent." This means a 58-year-old single male can legally adopt if the child falls under the definition of a "relative." 2. Defining "Relative" (The Eligibility Test) To use this exception, the child must be a "relative" as defined under Section 2(52) of the Juvenile Justice Act. This is limited to: Paternal uncle or aunt (brother or sister of the father). Maternal uncle or aunt (brother or sister of the mother). Paternal grandparent. Maternal grandparent. Note: Adopting a cousin’s child or a more distant relative typically does not qualify for this specific age-limit waiver under the JJ Act. 3. Procedure to "Show" the Exception If you meet the "relative" criteria, you do not follow the standard CARA waiting list. Instead, you follow the In-Country Relative Adoption track: