Can a Single Man Adopt in India?

Every child has the right to love and be loved 

Adoption is a beautiful gift for those who are unable to have children biologically or wish to stay unmarried. A growing number of men are pursuing parenthood through surrogacy, adoption, or fostering – without a partner.  In current times many couples, single men, and single women have come forward to adopt children irrespective of whether they have children or not. 

Sometimes, unmarried people also desire to have kids, in these circumstances their desire is fulfilled through adoption. But in India it is very difficult for a single male to adopt. Looking from the world’s conception motherhood is considered but single male parenthood is not considered much due to the assumption that single male does not have the desire for their own to have a kid unless they are in a relationship with a female partner. But as time is changing it can be seen single males are also having a desire to raise children.

Embracing Parenthood – A challenge?

In Hindu law, different provisions are given for the adoption but in other personal laws like Christian law, Muslim law etc, they have to approach the court under The Guardian and Wards Act,1890. Any male Hindu, having a sound mind, is a major, and is eligible for adopting a toddler can adopt a toddler. 

If a male wants to adopt a daughter, he should be a minimum of 21 years older than the adoptive daughter. The reasoning behind the 21-year age gap between the adoptive father and the adopted daughter is to protect the daughter from sexual exploitation. Because of this reason, CARA doesn’t allow single fathers to adopt a girl child. (Dhanraj v. Suraj Bai 1972 Raj LW 612)

In Hindu law, adoption is governed by the Hindu Adoption and Maintenance Act, but in other personal laws like Muslim law, Christian Law, and Parsis Law, no separate laws are given so a potential adoptive parent other than a Hindu have to adopt a child as per the laws of Guardians and Wards Act, 1890. (Shabnam Hashmi V. Union of India, AIR 2014 SC)

Under The Guardianship and Wards Act, 1890 if the party wants to adopt a child, they need to file an application to the court and has to state their reason for adoption i.e., why they want to adopt a child. The court will give a date for the hearing, the party needs to appear in the court on that day. The adoptive couple decides to tell the court about the kid they need to adopt. Last, the court will pass a decree and therefore the adoption is finalized.

Under the Juvenile Justice Act, a single male is not lawfully allowed to adopt a girl child.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.

Is adoption really that simple? 

An adopted child has all the rights the same as a biological child of adoptive parents. As society is changing, we can see a favourable change. One such favourable change is adoption by a single male, Hindu Adoption and Maintenance Act allows a single male to adopt both a boy and a girl child, requiring him to be of sound mind, if he is adopting a Hindu girl child, age difference should be 21 years, and should He should not be minor, He must be financially capable to raise a child.

But as per the CARA guidelines, a single man is not allowed to adopt a girl child reason being the exploitation of a girl child. Denying the adoption of a child to a single male just because he is not married is not excusable.

India is on the brink of banning commercial surrogacy for everyone except couples married for more than 5 years, by enacting the Surrogacy (Regulation) Act, 2016. After this enactment, the only way, by which a single parent could raise a child will be by adoption. Adoption laws in the country are very procedural but the adoption agencies and societal pressures, be it ever so stupid, are a hindrance to single parents who want to adopt children. (Baby Manji Yamada vs Union of India & Anr; (2008) 13 SCC 518)

Adopting a child is a very noble cause, and I believe, the barriers of religion, caste, etc., shouldn’t overshadow a noble deed like this. If you are planning to add a new member in your family it is advisable to contact a lawyer who will assist you to navigate the legal requirements.

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References:

1.http://www.ijtr.nic.in/family%20matters/Guardians%20and%20Wards%20Act,%201890.pdf

2.https://indianexpress.com/article/parenting/family/child-adoption-cara-india-girl-all-you-need-to-know-6153189/#:~:text=A%20single%20female%20can%20adopt,give%20their%20consent%20for%20adoption.

3. http://cara.nic.in/parents/eg_ri.html#

4. https://economictimes.indiatimes.com/news/politics-and-nation/despite-a-favourable-law-why-do-single-women-and-men-struggle-to-adopt-a-child-in-india/articleshow/70621618.cms?from=mdr

5. D. Carson, J. Foster, & N. Tripathi, Child Sexual Abuse in India: Current Issues and Research, 58 Psychological Studies 1, 3 (2013).