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Father Figures: Understanding the Laws for Single Men Looking to Adopt a Child

While adopting, a couple become legal parents only when the court approves them to be fit for parenthood.

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Adoption is a beautiful gift for couples who are unable to have children biologically. In current times many couples, single men, and single women have come forward to adopt children irrespective of whether they have children or not. Here we elucidate the process of adoption for a single father. The process of adoption in India is quite a complex procedure and involves a lot of paperwork.

While adopting, a couple become legal parents only when the court approves them to be fit for parenthood.

Before adopting, consider these following requirements for a valid adoption. In the law, no adoption is valid unless

  • The person adopting is lawfully capable of taking in adoption
  • The person giving in adoption is lawfully capable of giving in adoption
  • The person adopted is lawfully capable of being taken in adoption

Capacity of male to adopt a child

Any male Hindu, who is of sound mind and is not a minor, has the capacity to take a son or daughter in adoption. Provided that he has a living wife, he shall not adopt except with the consent of his wife, unless his wife has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind. If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of one of them is unnecessary for any of the reasons specified before.


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Who can be adopted?

According to Section 4 of the latest guidelines provided by the Central Government in 2015 any orphan, abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee is eligible for adoption.

An orphan is a child who is without his legal parents or guardian or his parents are not capable of taking care of him.

An abandoned child is one who is deserted or unaccompanied by his parents or guardians and the Child Welfare Committee has declared him so.

A surrendered child is one who is relinquished on account of physical, emotional and social factors beyond the control of the parent or legal guardian and is so declared by the Child Welfare Committee.

Procedure followed for adoption of a child

  1. Prospective parents register online or can reach District Child Protection Officer (DCPO) to register the prospective parents online. The application form is available at www.cara.nic.in.
  2. The adoption agency prepares a Home Study report describing the various factors and circumstances of the family within one month of the registration.
  3. The home study report shall be posted on the database by the adoption agency.
  4. The parents are given chance to choose their prospective child based on their preferences.
  5. They are shown photographs, child study reports and medical examination reports of up to six children.
  6. The prospective adoptive parents may reserve one child within a period of 48 hours for possible adoption and the rest of the children would be released for other prospective parents.
  7. The adoption agency will fix the meeting of the prospective adoptive parents to access whether they are suitable parents or not. The parents should also be allowed to have a meeting with the child.
  8. The entire process of matching should not take more than 15 days.
  9. While accepting the child the prospective adoptive parents should sign the Child Study Report in presence of social worker.
  10. If the prospective parent does not accept the child or the child does not accept the parent then the same procedure will be followed for other chances.

Over time, more and more people are opting to adopt children. Whether you are giving up your baby for adoption or adopting a child there are many different legal requirements to be aware of. If you are planning to add a new member in your family it is advisable to contact a lawyer who will assist you navigate the legal requirements.

A family lawyer who specializes in adoption can give you confidence throughout the process.

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Written by LawRato

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LawRato.com is India's leading lawyer serach and legal advice platform.