Adoption Laws

“Adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child {THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015}.

Under The Juvenile justice (Care and Protection of Children) Act, 2015.

  • Procedure for adoption by Indian prospective adoptive parents living in India.
    Indian prospective adoptive parents(PAPs) living in India, irrespective of their religion, if interested to adopt a child, may apply to a Specialised Adoption Agency who shall prepare the home study report of those parents and after finding them eligible will refer a child for adoption to them along with the child study report and medical report of the child. After receipt of acceptance of child by PAPs the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order. before issuing an adoption order, court shall satisfy the following:

    1. That the adoption is for the welfare of the child;
    2. Due consideration is given to the wishes of the child while keeping in mind the age and understanding of the child.
    3. The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing.

    After obtaining the certified copy of the court order, Specialised adoption agency shall send the same to the prospective adoptive parents. This is not the end of the story as confirmation is required in order to make sure whether the child is in good hands or not? For that, a follow up report, of adopted child shall also prepared by Specialised adoption agency.

  • Procedure for inter-country adoption of an orphan or abandoned or surrendered child.
    Prospective adoptive parents living abroad , irrespective of their religion can adopt child by applying to authorised foreign adoption agency, or Central Authority or a concerned Government department in their country who shall prepare the home study report of those parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India.
    After examine the application if authority find it suitable then, it will refer the application to one of the Specialised Adoption Agency (SAA), who will match a child with such PAPs and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the same duly signed by them to the said agency. On receipt of the acceptance of the child from the PAPs, the SAA shall file an application in the court for obtaining the adoption order.
    On the receipt of a certified copy of the court order, the SAA shall send immediately the same to Authority, State Agency and to the PAPs, and obtain a passport for the child. The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child.
    PAPs may reserve one of the referred children within 96 hours and the profile of the other child shall stand automatically withdrawn. In case the adoptive parents fail to reserve any of the children within 96 hours, then the profiles of both the children shall stand automatically withdrawn. If within 30 days, PAPs fail to accept the child, then the profile of the child shall stand withdrawn and the seniority of the PAPs shall be relegated to the bottom of the list; and shall be given another opportunity to reserve and accept a child when their turn becomes due, provided that their Home Study Report remains valid. After this, a follow up process by Authorised foreign adoption agency, Central authority or concerned government department, as the case may be, is also conducted.

Content Source – India Law Offices

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