Query Regarding Parentage

Can the intended parents apply for adoption of the child under Indian law?
Posted 11 months ago  |    0  | 
Family Law
Family Law

1 Answer(s)

Deepika Gill
Advocate

The intended parents can apply for adoption under the Guardian and Wards Act. As per the provisions the foreign citizens and NRIs are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age. Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian. But as per Indian Laws pertaining to adoption the parents can’t chose a specific child for adoption. Also the ICMR guidelines under Guideline 3.10.1 require the intended parents to adopt the child if through genetic fingerprinting they can’t establish the biological link between the child and the intended parents.

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