Adoption is an act of humanity that reflects it still being alive. India has around 30 million orphan babies and children out of which only 9% of them have proper care in children’s homes. This burden is often reduced only at the step of adoption by kind hearts. Around 3,800 kids are adopted annually in India.
If you are one such person planning on changing the life of a child, then this article is for you. It talks in detail about the adoption act in India, its law, and much more.
In India, adoption is governed by two laws namely the Juvenile Justice Act of 2015 and the Hindu Adoption and Maintenance Act of 1956.
Here is a detailed view of both the adoption act in India.
Table of Contents
Juvenile Justice Act of 2015:
The Juvenile Justice Act of 2015 is the primary legislation for legal adoption in India that aids in the adoption of children from all grounds of people. This act includes provisions for both the adoption of orphaned, abandoned, or surrendered children and the regulation of institutions engaged in providing care to children.
What is the key feature of this act in adoption?
The Juvenile Justice Act of 2015 is the primary adoption act in India and has led to the establishment of the Central Adoption Resource Authority (CARA) which is the nodal agency in India responsible for the regulation and monitoring of adoption processes. It functions under the Ministry of Women and Child Development. CARA issues guidelines and regulations regarding adoption procedures, eligibility criteria for adoptive parents, and the rights of the adopted child.
Who can adopt under this law?
- Any Indian, Non-Resident Indian (NRI), or foreign prospective adoptive parents can adopt a child.
- The age difference between the prospective adoptive parents and the child should not be less than twenty-five years.
- A single female can adopt a child of any gender.
- A single male shall not be eligible to adopt a girl child.
- Prospective adoptive parents must be in good health and financially stable to provide for the child’s upbringing.
- No person shall be allowed to adopt a child if he already has a child (biological or adopted), except where special permission is granted.
- The Act and guidelines prioritize Indian prospective adoptive parents over non-resident Indians and foreign prospective adoptive parents.
What is the procedure for adoption?
Here is an overview of the adoption process under the JJ Act of 2015:
Registration with Adoption Agency:
Prospective adoptive parents (PAPs) need to register with a recognized adoption agency or a Specialized Adoption Agency (SAA) in their area.
Orientation and Pre-adoption Counseling:
PAPs are required to attend orientation and pre-adoption counseling sessions conducted by the adoption agency. This aims to educate and prepare them for the adoption process.
Home Study Report (HSR):
A social worker from the adoption agency conducts a Home Study Report (HSR) for the PAPs. The HSR assesses the eligibility, suitability, and readiness of the prospective adoptive parents to adopt a child.
Acceptance or Rejection of Application:
Based on the HSR, the adoption agency may either accept or reject the application of the prospective adoptive parents.
Referral of a Child:
When a suitable match is found, the adoption agency refers a child to the prospective adoptive parents. The referral includes information about the child’s health, background, and legal status.
Meeting with the Child:
Prospective adoptive parents have the opportunity to meet the child and decide whether they are willing to proceed with the adoption.
Acceptance of the Child:
If the prospective adoptive parents accept the referral, they can proceed to legal formalities for adoption.
Pre-adoption Foster Care:
In certain cases, the child may be placed in pre-adoption foster care with the prospective adoptive parents for a specified period before finalizing the adoption.
The adoption agency files a petition in the court for the legal adoption of the child. The court examines the case and, if satisfied, issues an adoption order.
These legal procedures can be conducted by seeking the support of the best law firm in Chandigarh and others.
Post-adoption follow-up visits may be conducted by the adoption agency to ensure the well-being of the child and the adjustment within the adoptive family.
Issuance of Adoption Certificate:
After the legal process is complete, an adoption certificate is issued to the adoptive parents.
The adoption agency updates its records and informs CARA about the completion of the adoption.
Hindu Adoption and Maintenance Act of 1956:
The Hindu Adoption and Maintenance Act of 1956 is a key legislation in India that governs the adoption of children by Hindu families. This act applies to Hindus, including Buddhists, Jains, and Sikhs, and it provides guidelines and procedures for adoption.
Who can adopt by this law?
- Any Hindu male who is of sound mind and is not a minor can adopt a child.
- If a Hindu male is married, he can adopt with the consent of his wife, unless she has completely and finally renounced the world, or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
Who can be adopted under this law?
- The child to be adopted must be a Hindu.
- The child must not be married, and if the child is a male, he must not have completed the age of fifteen years, and if female, she must not have completed the age of eighteen years.
What are the requirements for adoption under this act?
Under the Hindu Adoption and Maintenance Act of 1956 which is one of the adoption law in India there are certain requirements and conditions that must be met for a valid adoption to take place. Here are the key requirements:
Capacity to Adopt:
- The person adopting must be a Hindu who is of sound mind.
- The person adopting must not be a minor.
Consent of Wife:
If the person adopting is married, the adoption requires the consent of his wife. However, there are exceptions if the wife has:
- Completely and finally renounced the world, or
- Ceased to be a Hindu, or
- Been declared by a court of competent jurisdiction to be of unsound mind.
Capacity to Give in Adoption:
- The person giving a child in adoption must be of sound mind.
- The person giving a child in adoption must not be a minor.
Consent of the Person Giving in Adoption:
The person giving a child in adoption must consent to the adoption.
Compliance with the Act:
The adoption must be made in compliance with the provisions of the Hindu Adoption and Maintenance Act.
The adoption must be solemnized through a ceremony. The ceremony may vary but should indicate the giving and acceptance of the child.
The adoption must be registered under the relevant laws to make it legally valid. You can seek the help of the best advocate in Chandigarh and others.
On the whole, this article offers a clear insight into the adoption act in India and its provisions, requirements, etc for a better understanding of the adoption process in India. Hope this offers a clear view of Kind Hearts processing the option of adoption.
- What are the provisions of adoption under the JJ Act of 2015?
The JJ Act of 2015 extends the provision where the child completely severs all relationships with the biological family and becomes the legitimate child of the adopted parents.
- What are the essential conditions for a valid adoption?
- Capability of the adoptive parents.
- Capability of the adopting parents.
- Legal Adoption Registration
- Can someone cancel a valid adoption?
No valid adoption can be cancelled by the parents who adopted the child or by parents who put their child for adoption on recognition by legal establishments.
- What is a dissolution of adoption?
Dissolution of adoption is the separation of the non-adaptive child that mismatches with the adopting parent before completing the legal procedures of adoption.
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