Last Updated on May 16, 2018 by Legalseva.net
Adoption of a Child in India is not as easy as it seems due to socio-legal complications encompassing the adoption process. One must comply and adhere to the requirements to fulfill legal obligations and avoid multitude of problems.
Adoption in India is governed by three Statutes:
1 Hindu Adoption and Maintenance Act (HAMA), 1956- for Hindu religion
2 Guardian & Wards Act 1890 for Muslims, Christian , Parsi, Jews
3 The Juvenile Justice (Care and Protection) Act of 2000 for all individuals irrespective of religion.
A. Salient Features of the HAMA aka Hindu Adoption and Maintenance Act.
1. HAMA- Applicable to Hindu, Sikh, Buddhists, Jain etc.
2. Sec 10 of the act talks about valid conditions for adoption.
3. Prescribed age for adoption less than 15 years.
4. Capacity of adoption-Male & Female both can adopt kids.
5 Who can give a child under sec 9, effect of adoption under sec 12, 13, & 14. Adoption is permanent can’t go back as explained in sec 5 and sec 15 of act.
6. Ceremony of giving & Taking the child is essential for making adoption legally valid.
7 There should be no money involved as consideration is illegal. 6 months jail or fine or both can be given. For parents, child of opposite sex can only be adopted. Sec 16 if any interest is transferred then sign the adoption deed and registration is mandatory for visa purpose of child or passport and birth certificate of child.
8 Age Criteria -Adoptive mother should be above 21 if unmarried. Above 55 can’t adopt a child. Cumulative age of a couple should be 110. Single male can’t adopt girl child. Specialized Adoption Agencies (SAA’s) process final when court issues the adoption deed. Two Hindu can exchange kids by signing a deed. But now register at CARA as per new guidelines.
B. Salient Features of Guardian & Wards Act 1890 for Muslims, Christian, Parsi, Jews
1. Under sec 8, below age of 18 yrs child can be adopted.
2. Applicable to Muslim Christian Parsi Jews. Hindu male can adopt male as well as female. While adopting opposite sex the ward should be 21 yrs older than child.
3. Rights of adopted child cease from natural/biological parents except Prohibitions regarding marriage, Property inherited by child.
4. Adoption can be annulled by the party or step parents after marriage before marriage by mother/father
5. Under Guardian & Ward Act 1890. Application is made to court where hearings are to end in 2 months duration. Agency who recommended the names should get birth certificate with names of adoptive parents. Central Adoptive Resource Authority (CARA) is the primary agency dealing in this kind of work.
C. Salient Features of The Juvenile Justice (Care and Protection) Act of 2000
1. Adoption is defined under Sec 2 as of JJ act 2006.
2 Applicable to all religions. Anyone from any religion can adopt orphan, abandoned or surrendered children.
3. If person is adopting son then no son till 3 generations should be in house. Supreme Court has issued Schedule 8 of the Guidelines Governing Adoption of Children in 2015 for adoption of a child before 3 years.
4 In case of abandoned abused and surrendered children as per JJ (care & protection) under Sec 58 any Indian citizen irrespective of authority may apply to agency under sec 57 for adoption of a child below 18 years of age.
5 Entire processes are to be administered through a centralized institution fostering the welfare of a child.
A Registration with agency for adoption of a child. Agency shortlists the names based on criteria and fulfillment of legal conditions.
B Preliminary interview of parents are done to verify credentials, status and psychology of parents to know the rationale behind adopting a child. Once the agency is satisfied, it gives recommendation to the party to apply in court.
C On recommendation of agency, Party files petition u/s 41 of the act in the court for disposal within 2 months.
D Once the court passes decree in favor of parents, the adoption is finalized. The party will forward the orders to specialized adoption agency who recommended the name of the applicant. Thus, the child will finally bear the name of individuals as parents.
Adoption indeed is a noble job on society meant to improve, care and flourish the children in need of love, protection and financial assistance. It is not just the child’s gain in adoption but the entire society gets paid when the same kid can become a responsible citizen and do his duties before the country. Only a proud parent can understand this sentiment or become one.
From the NEWS:
- Description of customs not needed in adoption deed: High Court Panjab & Haryana by Times of India.
- New Rules will soon allow step parents, relatives to adopt children by Hindustan Times
- Chandigarh: Adoption requests pour in for 10-yr-old rape victim’s baby by Hindustan Times.
- What does registration of adoption deed imply by 99acres.com
- Popular judgment of Dr. Kamal Ahuja & Another vs Child Welfare Council Punjab by Indiankanoon.org
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