ADOPTION & THE

POLICY IN INDIA
 The Legal Framework

Secular Law Personal Law

The Juvenile Justice (Care & The Guardians & Wards Act,
Protection) Act, 2015 1890 Hindu Adoptions & Maintenance Act, 1956
 For secular Adoptions
• The cardinal and governing principal
is the Best Interest of Child principal.
• India is a signatory to the Hague
Convention on Protection of Children
and Cooperation in respect of Inter-
country Adoption, 1993
The Juvenile Justice (Care &
Protection) Act, 2015
SALIENT FEATURES
Child (any person who has not completed 18 years of age)

In need of care and protection In conflict with law

Child Welfare Committees (CWC)

Juvenile Justice Boards (JJB)

Orphaned, Abandoned, Surrendered Children

 Definition of Adoption

Section Adoption means the process

●

through which the adopted child

2(2) is permanently separated from
his biological parents and
defines becomes the lawful child of his
adoptive parents with all the
Adopti rights, privileges and
responsibilities that are attached

on to a biological child.
To whom a child may be given in adoption

1. A person irrespective of his/her marital status.

2. The parents to adopt a child of the same sex
irrespective of the number of existing
biological sons or daughters.
3. The childless couples.
 Section 57 Eligibility of
Prospective Parents
1. The prospective adoptive parents shall be
physically fit, financially sound, mentally alert
and highly motivated to adopt a child for
providing a good upbringing to him.
2. A single or divorced person can also adopt,
subject to fulfillment of the criteria and in
accordance with the provisions of adoption
regulations framed by the Authority.
3. Any other criteria that may be specified in the
adoption regulations framed by the Authority.
 Other Criteria
• In case of married couple, consent of both the
spouses are required.
• No child shall be given in adoption to a couple
unless they have at least two years of stable
marital relationship.
• A single female can adopt a child of any gender
• A single male is not eligible to adopt a girl
child.
 Age criteria
Age of the child Maximum composite Maximum age of
age of PAAs single PAAs
(Couple)

Upto 4 years 90 years 45 years

Above 4 and upto 8 100 years 50 years

years

Above 8 and upto 18 110 years 55 years

years
 Other Age related details
1. The minimum age difference between the child and
either of the PAAs shall not be less than 25 years.

2. The age criteria for PAAs shall not be applicable in

case of relative adoptions and adoption by step parents.

3. Couple with three or more children shall not be

considered for adoption except in case of special need
children, hard to place children and in case of relative
adoption and adoption by step parent.
 Types of Adoption

In-Country Adoptions Inter-Country Adoptions

Adoption of Relative Adoption by

OAS Children Adoption Step Parents Adoption of OAS Children Relative Adoption
THE PROCEDURE OF
ADOPTION
 Surrendered Children

Born as a One Biological Compelled to

consequence of Born out of parent dead and the
living parent is
surrender due to
physical, emotional,
non-consensual wedlock incapacitated to take social factors beyond
relationship care their control
 Child above 7 years
• No child above 7 years of age who can understand and
express his opinion shall be declared free for adoption
without his/her consent.
• For surrendered children, a deed of surrender shall be
executed on a non-judicial stamp in presence of a
Committee.
• In case of surrendered child, two months reconsideration
time is given to the parents.
 Procedure for Adoptive Parents
• The Prospective Parents, irrespective of their
religion, may apply for adoption to a
Specialized Adoption Agency (SAA).
• The SAA shall prepare the home study
report of the prospective adoptive parents
and upon finding them eligible, will refer a
child declared legally free for adoption along
with a child study report and medical report.
 Further…
• On the receipt of the acceptance of the child from the
prospective adoptive parents along with the child study
report and medical report of the child signed by such
parents, the SAA shall give the child in pre-adoption
foster care and file an application in the court for
obtaining the adoption order.
• On receiving the certified copy of the court order, the
SAA shall send immediately the same to the prospective
adoptive parents.
• The progress and well-being of the child shall be
followed up.
 Post Adoption follow-up
• It is for both inter-country and in-country adoption- for
2 years.
• In case of dissolution in intra country adoption, the
application for annulment of adoption order shall be
filed in the court which issues the adoption order.
• In case of adjustment problem or disruption or
dissolution, the child is entitled to receive, care,
protection and rehabilitation through the child
protection services of the receiving country as per the
Hague Convention.
 For inter-country adoptions
• The Supreme Court laid down elaborate
guidelines in the case of Laxmi Kant Pandey v.
Union of India with respect to the procedural
and normative safeguards in regards to foreign
adoptions.
 Stephanie Joan Becker v. State,
AIR 2013 SC 3495

• The Supreme Court cleared the application of

an American Doctor to adopt a 5 year old
Indian girl child.
• The adoption was monitored and was in
accordance with all the guidelines as well as
with complete cooperation of the American
Adoption Services.
 The Court noted
• If the foreign adoptive parent is otherwise suitable and willing
and consent of the child has also been taken (as in this case)
and the expert bodies engaged in the field are of the view…
that the adoption process would end in a successful blending
of the child in the family of the appellant in the U.S.A., we don
not see how the appellant could be understood to be
disqualified or disentitled to the relief’s sought by her. It is our
considered view that having regard to the totality of the facts
of the case, the proposed adoption would be beneficial to the
child apart from being consistent with the legal entitlement of
the foreign adoptive parent.
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