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Section 5: Eligibility criteria for prospective adoptive parents

Adoption Regulations, 2017Central Regulations · 2016

(1) The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.

(2) Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-

(a) the consent of both the spouses for the adoption shall be required, in case of a married couple;

(b) a single female can adopt a child of any gender;

(c) a single male shall not be eligible to adopt a girl child;

(3) No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

(4) The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:- Age of the child Maximum composite age of prospective adoptive parents (couple) Maximum age of single prospective adoptive parent Upto 4 years 90 years 45 years Above 4 and upto 8 years 100 years 50 years Above 8 and upto 18 years 110 years 55 years 104 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(5) In case of couple, the composite age of the prospective adoptive parents shall be counted.

(6) The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.

(7) The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.

(8) Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

CHAPTER II PROCEDURE RELATING TO CHILDREN FOR ADOPTION

Where this provision sits

ActAdoption Regulations, 2017
Section5
Marginal noteEligibility criteria for prospective adoptive parents
JurisdictionCentral
StatusIn force as published by the source

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