FAMILY LAW- II

SECOND INTERNAL ASSIGNMENT

FIRST YEAR LLB (BATCH OF 2018-2021)

REPORT ON-

A VISIT TO SOFOSH (NGO)

EXPERIENCE OF VISIT
There was a field visit to SOFOSH- Society of Friends of Sassoon Hospital, which is near
Sassoon Hospital on 22nd January,2019. It is more of a child care and adoption centre. This
field visit was organised by our generous and compassionate professor Mr. Yogesh
Dharangutti, who filled our empty bucket of with a little knowledge and experience.

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We met Ms. Sharmila Sayyed, she addressed us with a heart warming welcome and enlighten
us about the SOFOSH and its procedures and policies. Also threw light on CARA-Central
Adoption Resource Authorities and how does it work and how is it related to SOFOSH.

‘SHREEVASTA’- it is a special child care centre run by SOFOSH was established in the
year 1973. It looks after the needs of the abandoned, orphaned little ones of our society.
Babies relinquished by their single mothers are also provided shelters here. Thus, Shreevasta
provides home to the family deprived children from the age of new born to six years.

The medical need of each and every child is also the responsibility of this institution and this
is taken care by the team of nurses and doctors.

A long term rehabilitation program for each child is worked out. Most of the children are
rehabilitated by their adoption in the families. The main aim of SOFOSH is to provide good
homes and family to these children as an institution cannot give everything to a child which a
family can give.

SOFOSH is one of the pioneering adoption agencies in Pune, Maharashta.

Process of Adoption as stated by SOFOSH:

1. Pre- Adoption- when a child is to be adopted in an (unrelated Family), its early life is
towards integration and assimilation in the families. The family and child primarily
has to form a bond and attachment. This process requires counselling from experts
and experienced.
Also they take up several workshops of pre-adoptive preparation, following issues are
dealt within the workshops:

 In what circumstances children are admitted to the child care centre.

 The situation of unwed mothers.
 Child Care at the Child care centre.

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 Undertaking adoption.
 The importance of sharing the fact of adoption with the child.
 Medical Profile of the children.
 Communication & parenting – Legal process for adoption.

2. Post-Adoption- the process of adoption is not that easy. It doesn’t happen in one day
or overnight. It is an on-going journey consisting of many ups and downs. Even after
adoption there are certain situations which are difficult for parents to handle. Towards
this goal SOFOSH initiated an Adoptive Parents Forum in 1988, to provide parents a
platform to share their experiences.
Regular meetings of Parents Forum are conducted by SOFOSH in which issues relating to the
following are addressed: The Topics range as follow:

 Sharing the fact of adoption

 Challenges of parenting
 Experience Sharing
 Education & schooling
 Diet & Nutrition
 Challenges faced by family and child
 Family life education, Legal issues like will and inheritance etc.
 Teenage Issues
Individual counselling to adoptive families, both parents and children, are provided by the
counsellors and empathetic staff at SOFOSH.

SOFOSH also helps patients of Sassoon General Hospitals suffering from diabetes,
tuberculosis, cancer, burns, orthopedic problems and pediatric issues. 

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My experience of visiting to SOFOSH was quite amazing as it was a knowledgeable field
visit, got to know how actually those children are being given a good life to lead by these
NGOs. Every child has the right to live its life happily. Every child deserves love from a
family whether biological or adoptive family. We also along with these children need to
understand the situation of single abandoned mother who couldnot afford to take the baby
and take care of it. How much pain does certain situations involve, we all need to understand
and make our move towards the orthodox thinking of the society and change their customary
thinking, so that more and more happiness is spread.

WHAT IS CARA?
CARA stands for Central Adoption Resource Authority. It is a statutory body of ministry of
women and child development, Government of India. It functions as the nodal body for
adoption of Indian Children and is mandated to monitor and regulate in-country and inter-
country adoptions. CARA is designated as the Central Authority to deal with inter-country
adoptions in accordance with the provisions of the Hague Convention on Inter-country
Adoption,1993, ratified by government of India in 2003.
CARA primarily deals with adoption of orphan, abandoned and surrendered children through
its associated/recognised adoption agencies.
1. The prospective adoptive parents should be mentally, physically and financially stable
and shall not have any life threatening medical condition.
2. Any prospective adoptive parents, irrespective of his marital status and whether or not
he has biological son or daughter, can adopt a child subject to following;
a. The consent of both the spouses for the adoption shall be required, in
case of a married couple;
b. A single female can adopt a child of any gender;
c. A single male shall not be eligible to adopt a girl child;

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3. No child shall be given in adoption to a couple unless they have atleast two years of
stable marital relationship.
4. Eligibility of the prospective adoptive parents and age of the children are listed as
follows:

Age of the child Maximum composite age of Maximum age of

prospective adoptive parents single prospective
(couple) adoptive parent

 Upto 4 years  90 years  

45 years

Above 4 and upto 100 years 50 years

8  years

Above 8 and upto 110 years 55 years

18 years
5. In case of couple, the composite age of the prospective adoptive parents shall be
counted.
6. The minimum age between the adoptive parents and the child should not be less than
25 years.
7. The age criteria for prospective adoptive parents shall not be applicable in case of
relative adoptions and adoption by step-parent.
8. Couples with three or more children shall not be considered for adoption except in
case of special need children as defined in sub-regulation (21) of regulation 2, hard to
place children as mentioned in regulation 50 and in case of relative adoption and
adoption by step-parent.

Adoption process followed in India

Adoption means legally taking of another’s child and bringing it up as one’s own.
Relationship of the child is severed legally from his/her biological parents.

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 Child becomes the lawful child of his/ her adoptive parents.
All the rights, priveleges and resxponsibilities post adoption are similar to that in case
of a biological child.
Following are the steps involved in the process of adoption:
Step 1- Registration
The first and the foremost thing is to register. The prospective adoptive parents need to get
themselves registered. Recognised Indian Placement Agencies (RIPA) and Special Adoption
Agency (SPA) are the agencies which are allowed to make such registrations in India. The
prospective adoptive parents can visit the adoption centre in their area where the social
worker will explain them the process including all the formalities and lead you through the
process.

Step 2- Home Study and Counselling

A social worker for registration will make a visit to the home of prospective adoptive parents
for a home study. The agency also need the parents to attend the counselling session and
workshops prepared by them in order to understand motivation, preparation, strengths and
weaknesses of prospective adoptive parents. As per the CARA guidelines, home study should
be completed within 3 months from the date of registration. And the conclusion of the home
study shall be presented before the honourable court.

Step 3- Referral of the child

The agency will share each and every information of the child to the prospective adoptive
parents, be it medical reports of the child, physical and mental examinations of the child, and
other relevant information which they should know and also allow the couple to spnd some
time with the child so that the sense of comfortability is developed between them.

Step 4- Acceptance of the child

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Once the prospective adoptive parents are comfortable with the child, they need to sign few
documents pertaining to acceptance of the child.

Step 5 -Filing of petition.

All necessary documents are submitted to a lawyer who prepares a petition to be
presented to the court. Once the petition is ready, the adoptive parents will have to visit
the court and sign the petition in front of the court officer.

step 6- Pre- adoption foster care

Once the petition is signed in the court, the adoptive parents can take the child to a pre-
adoption foster care centre and understand the habits of the child from the nursing staff
before taking the child home.

Step 7- court hearing

The parents have to go for a court hearing along with the child. hearing is held in a closed
room with a judge. Judge will ask some questions to the couple and will mention the amount
to be invested in for the child.

Step 8- Court order

Once the receipt of the investment made, is shown, the court shall pass the adoption orders.

Step 9 – follow up
Post completion of the adoption, the agency needs to submit follow up reports to the court on
the child’s well-being. This may continue for 1-2 years.

Following are some enlisted laws that govern the adoption in India:

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an adoption can be made from an orphanage under the Guardians and Wards Act, 1890,
subject to court’s approval. In this case, the adoptive couple are guardians and not parents of
the adopted child. Under this Act, Christians can adopt a child only under foster care and the
foster child is free to break away all relations from the guardians on becoming a major.

Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child
formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which
was enacted as part of the Hindu code bills.

Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice

(Care and Protection of Children) Act, 2015.

Currently, there is no specific law that governs adoption of kids in India by foreign nationals
or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015.
In the absence of any concrete Act for intercountry adoption, the procedures laid down by the
Guardians and Wards Act, 1890 are followed.

Comparison of HAMA and CARA

HAMA CARA

Hindu Adoptions and Maintenance Act, 1956 Central Adoptions Resource Authority,1990

Restricted to Hindus. Regulates inter-country and in-country

adoptions.

if the adoption is by a male and the person to no single male can adopt the female child.
be adopted is a female, the adoptive father is

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 at least twenty-one years older than the minimum age between adoptive parents and
person to be adopted. (sec 11(iii)) child shouldnot be less than 25 years.

a female hindu can adopt (even if she is a female can adopt either son or daughter.
unmarried, divorced or widow) son or a
daughter.

About HAMA ( Hindu Adoptions and Maintenance Act, 1956).

The Hindu Adoptions and Maintenance Act (HAMA) was established in the year 1956 as part
of the Hindu Code Bills. This act extends to the whole of India except the State of Jammu &
Kashmir and applies to Hindus domiciled in our country. Hindu Adoptions and Maintenance
Act was introduced to codify and standardize the current Hindu legal tradition. This act dealt
specifically with the legal process of adopting children by a Hindu adult, and with the legal
obligations of a Hindu to provide maintenance to various family members.
Sections 5-17 of chapter II of the HAMA deals with the provisions of adoption in the country
by hindus.
CAPACITY OF A MALE TO ADOPT A CHILD:
“Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a
daughter in adoption. Provided that, if he has a wife living, he shall not adopt except with the
consent of his wife unless the wife 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.
Explanation-If a person has more than one wife living at the time of adoption, the consent of
all the wives is necessary unless the consent of any one of them is unnecessary for any of the
reasons specified in the preceding proviso.”- SECTION 7 OF HAMA.
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 CAPACITY OF THE HINDU FEMALE TO ADOPT A CHILD:
“- Any female Hindu- (a) who is of sound mind, (b) who is not a minor, and (c) who is not
married, or if married, whose marriage has been dissolved or whose husband 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, has the capacity to take a son or
daughter in adoption.” SECTION 8 OF HAMA.
Hindus were of the belief that a son was required for both material and spiritual welfare of
the family and due to such a conception, adoption of a son was stood to be recognised in
Hindu personal laws. In Bal Gangadhar Tilak  v. Shrinivas Pandit1, the Privy Council held
that under Hindu law, adoption was a means by which not only the father’s name was carried
forward, but it aided for the fulfilment of various religious rites and practices under Hindu
law that mandated the involvement of a son. However, it has to be noted that traditionally
under Hindu laws, adoption of a daughter was not legally recognised, though it was
permissible under customary law, since only a son could take part in the religious rites and
practises that are essential under the Hindu religion. Prior to the enactment of the Hindu
Adoption and Maintenance Act, 1956, adoption of a daughter was almost unheard of.

SUGGESTIONS FOR IMPROVEMENT IN CARA.

We donot have any thing for the adoptions of children by homosexual couples in any of our
legislations.
1. We should take into consideration of adoption by homosexual couple. As even
they should also have the right to feel what actually being a parent means.
2. Surprise Inspection of the adoptive parents should be done in a short period of
time.

1
(1915) 17 BOMLR 527

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 3. Counselling sessions should be taken more frequently so that the awareness
could be spread.
4. Verification of parents should be taken very strictly.
The guidelines laid by the CARA are very appropriate. And these guidelines are the most
safest for the child as well as for the adoptive parents. Concept of CARA will be very helpful
for the abandoned children and orphans.

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