Couples in live-in relations cannot adopt, says CARA
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Couples in live-in relations cannot adopt, says CARA

News:

  1. Central Adoption Resource Authority (CARA) has prohibited partners in live-in relationships from adopting a child.

Important Facts:

2. CARA has decided that the cases of single PAP (prospective adopting parent) in a live-in relationship with a partner will not be considered eligible to adopt a child.

3. Registration of such PAP through the AFAAs (authorised foreign adoption agencies) will not be considered for approval

4. The rationale behind the decision: In India, cohabitation without marriage is not considered a stable family

5. However, there is no rule yet in case a single parent decides to enter into a live-in relationship after adopting a child.

6. Highlights of the Adoption Regulations 2017

  • A single woman can adopt a child of any gender
  • A single man can adopt only boys
  • If an applicant is married, both spouses have to give their consent for adoption.
  • The applicant must be in a stable marriage for at least two years.
  • Applicant must be physically fit, financially sound, mentally alert and highly motivated to adopt a child

7. SC Verdicts on live-in relationship:

  • Recently, SC has upheld that adult couples have the right to live together even if they were not married.
  • Further, the legislature recognises live-in relationships through the provisions under the Protection of Women from Domestic Violence Act, 2005
  • Under the Act, women in a live-in relationship have been given protection. A woman in a marriage like relationship can file a complaint of domestic violence
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