INTRODUCTION
The desire to have one’s own child is a fairly common phenomenon, but in many situations, infertility or other biological problems prevent people from achieving this goal.
Unmarried adults occasionally want children as well, and in these cases, adoption satisfies their wish. But it is very difficult for a single male to adopt in India because it is assumed that single men do not have the desire to have children on their own unless they are in a relationship with a female partner. From the point of view of the world’s conception, motherhood is valued, but single male parenthood is not valued as much. But as society evolves, it is evident that unmarried men are developing desires as well.
Different provisions are made for adoption in Hindu law. However, under the Guardian and Wards Act of 1890, they must seek the court in matters of other personal laws, such as Christian or Muslim law.
ADOPTION UNDER “THE HINDU ADOPTION AND MAINTENANCE ACT 1956”
Any male Hindu who meets the requirements for adoption of a small child mind, major, and eligibility—can adopt a child. Hindu men who are married and want to adopt a child must first get his wife’s permission, so that permission should be given freely.
When a Hindu male or female is willing to adopt a son, they must not already be the parents of a son who is alive, whether that son is legitimate or not. Hindu men and women who desire to adopt a daughter must not already be the parents of a daughter or their son’s daughter at the time of adoption.
If a man wishes to adopt a girl, he must be at least 21 years older than the intended recipient. The adopted daughter’s protection from sexual exploitation is the motivation for the age difference of 21 years between the adoptive father and the adopted daughter. CARA prohibits unmarried fathers from adopting a girl child due to this reason.
ADOPTION UNDER OTHER PERSONAL LAWS
The Hindu Adoption and Maintenance Act regulates adoption in Hindu law; however, since there are no distinct laws for Muslim, Christian, or Parsi personal laws, those who wish to adopt a child outside of Hinduism must do so in accordance with the Guardians and Wards Act of 1890.
According to The Guardianship and Wards Act, 1890, the party that want to adopt a child must apply to the court and give a justification for their decision, or why they wish to adopt the child. The party must attend in court on the date set by the court for the hearing. The adoptive couple makes the decision to inform the court of the child they must adopt. The adoption will then be declared final when the court issues a decree.
Under the terms of the Guardians and Wards Act of 1890, any child may be adopted:
- Minor
- Not Hindu
- a child who has been abandoned, taken in, or orphaned.
- Must be under 18
The petition must be resolved within two months of the petition’s filing since there is a directive that adoption processes must be concluded in two sessions. The agency has 10 days to get a certified copy of the judgement entered by the court. The adoption agency must also receive the child’s certificate, which must include the names of the adoptive parents.
ADOPTION UNDER THE “JUVENILE JUSTICE ACT” BY A SINGLE MALE
- The Juvenile Justice Act prohibits a single male from legally adopting a girl kid. This is the relevant provision of the act:
- The prospective adoptive parents shall be physically fit, financially sound, intellectually alert, and extremely motivated to adopt a kid in order to provide him a good upbringing.
- In the event of a marriage, the adoption must have the approval of both spouses.
- If the requirements are met and the adoption procedures established by the Authority are followed, a single or divorced individual may also adopt.
- Adopting a girl kid is not permitted for unmarried men.
- Any other requirements that could be outlined in the authority’s adoption regulations.
CONDITIONS FOR ADOPTIVE PARENTS UNDER ”CARA”
The most important progress is by the Central Adoption Resource Agency (CARA) Guideline, in 2015 guidelines issued by the Ministry of Women and Child Development with help from Ms. Maneka Gandhi. The guidelines govern the adoption of children.
Eligibility criteria;
The prospective adopting parents must be in good health, have stable mental and financial health, and be free of any serious illnesses.
No matter their marital status or whether they have biological children, adoptive parents can adopt a child as long as they meet the requirements listed below. Consent of both spouses is required.
Either child of any gender may be adopted by a single female.
Unmarried men are ineligible to adopt female children.
A couple cannot be given a kid for adoption unless they have been in a committed relationship for two years.
There must be at least a 25-year age difference between the adoptive parent and the child, in addition to any other requirements that the adoption regulations may specify.
5. Adoption by adoptive parents and adoption by relatives are exempt from the age requirement for step parents.
Couples with three or more children are not permitted to adopt a child unless the child has a special need as described in sub-regulation (21) of regulation 2, is difficult to place as indicated in regulation 50, or is being adopted by a stepparent or relative.
CONCLUSION
Adoption is a highly nice deed since it provides a child a new life and a fresh perspective on the world. The rights of an adopted child are the same as those of their adoptive parents’ biological children. The adoption of a boy and a girl by a single male is one example of how society is changing in a positive way. The Hindu adoption and maintenance act permits a single male to adopt both a boy and a girl kid, but only if he is of sound mind. Age gap should be 21 years if he is adopting a Hindu girl child, he should not be a minor, and he should be able to support a child financially. However, a single guy is not permitted to adopt a girl kid, according to CARA regulations.
Denying the adoption of a child to a single male just because he is not married is not excusable.
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Author Bio
Iam 47 years old would like to adopt