Adoption summons a mix of emotions. Adoption usually ranges from the charitable motive of caring and bringing up a neglected or poor child, to a natural desire for kid as object of love, a caretaker in the old age, or an heir after death.
Adoption in India is governed by the laws given below:
Hindu Adoption and Maintenance Act, 1956:
Guardians and Wards Act, 1890
Juvenile Justice (Care and Protection of Children Act, 2015
CARA Guidelines and Adoption Regulations, 2017
Child eligible for adoption
The following shall be eligible for adoption, namely:-
(a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee;
(b) a child of a relative defined under sub-section (52) of section 2 of the Act;
(c) child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent.
Surrender of children under Juvenile Justice (Care and Protection of Children) Act, 2015
1. A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the Committee.
2. If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee.
3. The parents or guardian who surrendered the child, shall be given two months time to reconsider their decision and in the intervening period the Committee shall either allow, after due inquiry, the child to be with the parents or guardian under supervision, or place the child in a Specialised Adoption Agency, if he or she is below six years of age, or a children’s home if he is above six years.
Persons entitled to apply for order under The Guardians and Wards Act, 1890.
An order shall not be made under the last foregoing section except on the application of—
(a) the person desirous of being, or claiming to be, the guardian of the minor; or
(b) any relative or friend of the minor; or
(c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property; or
(d) the Collector having authority with respect to the class to which the minor belongs.
Persons capable of giving in adoption under Hindu Adoption Act—
(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of 4 [sub-section (3) and sub-section (4)], the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother 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.
(3) The mother may give the child in adoption if the father is dead or 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.
[(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.]
(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction Section 2(2), Juvenile Justice (Care and Protection of Children) Act, 2015
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