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Union of India - Section

Section 5 in Adoption Regulations, 2017

5. Eligibility criteria for prospective adoptive parents.

(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 adoptiveparents (couple) Maximum age of single prospective adoptiveparent
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
(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.