New foster care rules in India: Singles can now adopt after two years

The Women and Child Development (WCD) Ministry has broadened the scope of foster care in India by permitting single individuals — regardless of their marital status — to foster children, with the option of adoption after two years. This change represents a significant departure from the previous regulations, which restricted foster care to married couples, as reported by The Indian Express.

Under the updated Model Foster Care Guidelines, individuals aged between 35 and 60 can now foster children, regardless of their marital status. This includes those who are unmarried, widowed, divorced, or legally separated. Single women can foster and adopt children of any gender, while single men are restricted to fostering and adopting male children.

 

Updated foster care guidelines

Previously, the 2016 guidelines confined foster care to married couples only, with the term ‘both spouses’ used in official documents.

Foster care involves placing a child with either extended family members or unrelated individuals temporarily. Eligible children for foster care in India are typically over the age of six, residing in childcare institutions, and without suitable guardians. The revised guidelines also address minors classified as ‘hard to place’ or with ‘special needs.

Additionally, the mandatory fostering period before adoption has been reduced from five years to two years under the revised guidelines. For married couples, a stable marital relationship of at least two years is now required before they can foster a child, a new stipulation added to the previous guidelines.

 

Revised guidelines and age criteria

These changes align with amendments to the Juvenile Justice (Care and Protection of Children) Act in 2021 and the Juvenile Justice (Care and Protection of Children) Model Rules of 2022. The revised guidelines were distributed to all states in June 2024.

An official from the WCD Ministry told The Indian Express that including single individuals in foster care is logical, as they were already permitted to adopt under previous guidelines. Satyajeet Mazumdar, Director of Advocacy at Catalysts for Social Action, commended the revision, noting that it resolves a long-standing inconsistency where individuals could adopt but not foster.

The revised guidelines also establish specific age criteria for foster parents. While the 2016 guidelines required both spouses to be over 35 years old, the new rules stipulate that the ‘composite age’ of a married couple must be at least 70 years to foster a child aged 6 to 12 or 12 to 18 years. For single foster parents, the minimum age is set at 35 years, with maximum age limits of 55 years for fostering a child aged 6 to 12 and 60 years for fostering a child aged 12 to 18.

Online registration for foster parents

Prospective foster parents can now register online through the Child Adoption Resource Information and Guidance System (CARINGS), a platform previously used by adoptive parents. The 2024 guidelines also introduce a dedicated online portal where prospective foster parents can upload their documents for review by District Child Protection Units.

Mazumdar further highlighted that while foster care remains relatively unknown compared to adoption, the recent changes may encourage more individuals to consider it. However, he emphasised that foster care is intended to be temporary, providing care until a child’s biological family is capable of taking them back.