Child Adoption In India

“Adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.

Adoption is considered as the best alternative for children without parental care. Child adoption in India has been a prevalent social practice from ancient times. Earlier the practice was to adopt a child from one’s own family or near and dear ones. Adoption of an unrelated child had its beginnings in the sixties. Professional intervention of child welfare agencies in the process of Adoption begin only in the early 70’s. This led to systemization of the procedure so that the best interest of the child, adoptive parents and the birth parents could be protected. We have numerous Legislations governing the process of Adoption in India.

The Adoption process involved under the Hindu Marriage Act, 1956

• Who Can Adopt

• Who Can Give In Adoption

• Who Can Be Adopted

• Conditions Essential For a Valid Adoption

• Effects of adoption

• Valid adoption Cannot be cancelled

The Adoption process involved under the Juvenile Justice (Care and Protection of Children) Act, 2000

• A Checklist of Required Documents/Information

• Terminology used in the Juvenile Justice (Care and Protection of Children) Act, 2000

• Laws Governing the Process of Adoption in India

• The Authorities/Agencies Involved in Adoption

• Person competent to be adopted

• Person competent to adopt

• Fundamental principles governing adoption

• Eligibility Criteria for adoption of a child

• Additional Eligibility Criteria for Prospective Adoptive Parents (PAPs)

• Procedure for adoption

• Procedure in case of a Surrendered Child

• Procedure in case the child is surrendered through the Specialized Adoption Agency

• Procedure in case of Orphaned and Abandoned Children

• Declaration of a child legally free for adoption by the Child Welfare Committee

Procedural Stages Involved In The In-Country Adoptions

Under the Juvenile Justice (Care and Protection of Children) Act, 2000

• Procedural Stages Involved In The In-Country Adoptions

• Registration of Parties

• Pre-Adoption Counselling and Preparation of the PAP(s)

• Home Study by the Agency and other requirements

• Child Referral by Adoption Committee and Acceptance by PAPs

• Pre-adoption foster care

• Legal Formalities before the Court of law

• Post Adoption Follow up- 2 years

Procedural Stages Involved In The Inter-Country Adoptions

Under the Juvenile Justice (Care and Protection of Children) Act, 2000

[As per the Hague Convention]

• Procedural Stages Involved In The Inter-country Adoption as per the Hague Convention

• Registration for NRI or OCI or PIO or Foreign PAP(s)

• Home Study and other requirements

• Identification of RIPA by CARA

• Referral and Acceptance

• Recommendation for Inter-country Adoption by Adoption Recommendation Committee

• Issue of No Objection Certificate (NOC) by CARA

• Pre-adoption Foster Care

• Filing of the Petition in the Competent Court

• Passport and Visa

• Child to travel with adoptive parents

• Progress Reports

• Post Adoption Follow-up

• Foreign Adoption Agencies: Under Hague Convention

• Family Adoption [Inter Country]

Judgments On Child Adoption Under Muslim Law

• Child Adoption Under Muslim Law

Judgments On Judgments On Child Adoption Under Various Indian Laws

• Adoption- Under Juvenile Justice (Care and Protection of Children) Act, 2000

Citation Of Judgments On Adoption Under Juvenile Justice (Care and Protection of Children) Act, 2000

• Advait Foundation & Anr Vs. Union Of India & Ors., W.P.(C) NO. 124/2012 PIL, Supreme Court Of India, Last Date of Hearing- 14.03.2016- The Supreme Court Directed the Central Government to formulate fresh guidelines under the JJ Act, 2015.- Earlier CARA Guidelines, 2015 were found by the Court to have been formulated under JJ Act, 2000 and not under JJ Act, 2015.

• Shabnam Hashmi v. Union of India, Writ Petition (Civil) No. 470 of 2005, Judgment Dated-19.02.2014, Bench-P Sathasivam, Ranjan Gogoi, Shiva Kirti Singh, JJ, (2014) 4 SCC 1 [PDF]

Legislations Governing Adoptions

• Hindu Adoptions And Maintenance Act, 1956

• Juvenile Justice (Care and Protection of Children) Act, 2000.

• Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act, 2015-In PDF].

• Guidelines Governing Adoption of Children, 2015 [GGAoC, 2015- In PDF]

Related Annexures

• Annexure-I-PAPs

• Annexure-II-CARA-Child

• Annexure-III-CARA-Biological-Parents

• Annexure-IV-CARA-Varification-Competent-Authority

Courts & Fora & Other Stake Holders In Regard To Adoptions

• Adoption Recommendation Committee

• Authorised Local Adoption Agencies

• Authorised Foreign Adoption Agency [AFAA]/ Central Authority [CA]

• Central Adoption Resource Authority (CARA)

• Child Welfare Committee

• Central Authority [CA]

• Court- District Court & City Civil Court

• District Child Protection Unit

• Foreign Diplomatic Missions/ Embassy/ High Commission

• Foreign Prospective Adoptive Parents [FPAP]- Non-resident Indian [NRI] or Overseas Citizen of India [OCI] or Persons of Indian Origin [PIO] or Foreign Citizens

• Origin [PIO] or a Foreigner

• State Adoption Resource Agency (SARA)

• Specialised Adoption Agency/ies [SAA]

• State Government/s

• Non Government Organisations [NGOs]

Related Important Links

• Bare Acts: Adoption

• Non Resident & Foreigner: Adoption

• Due Diligence: Adoption

Judgments

Child Welfare Committee- Hindu Adoption & Maintenance Act, 1956 [HAMA, 1956]- S-18 HAMA [18]- Maintenance-

• JS Vs CARA- Observed, though there is no valid adoption of the child, the petitioners have taken good care of the child.

• Kripal Amrik Singh Vs State Of Maharashtra- Contention, the adoption under a personal law will not be governed by guidelines in L.K. Pandey Vs. Union of India AIR 1984 Supreme Court 469-

· XXXX Vs XXXXX- A Muhamed Mustaque & Dr.Kauser Edappagath, JJ- Supra-

· Balakrishna Gottipati Vs Nil- No Bar On Step Parent To Become Adoptive Parent Of Child-

• 1984.02.02- Lakshmi Kant Pandey Vs UOI- LK Pandey-

• 1984.02.06- Lakshmi Kant Pandey Vs UOI- 1984 (2) SCC 244- AIR 1984 Supreme Court 469-

· 2003.12.08- Anokha Vs SO Rajasthan- (2004) 1 SCC 382- Adoption- HAMA- Adoption under HAMA Act is complete in itself, being in accordance law of the land- Grave injustice to a child if he/she is forced to live in lurch-

· 2014.02.19- Shabnam Hashmi Vs UOI-

· 2014.08.11- Karam Singh Vs Jagsir Singh- After enactment of HAMA, 1956 a Hindu may give or take a child in adoption only in accordance with provisions of the aforesaid enactment. The Act, however, does not require an adoption deed to be compulsorily registered or postulates that if an adoption deed is not registered the adoption is invalid. Thus, if an adoption deed is reduced into writing and is signed by both sets of parents i.e. parents giving in adoption and parents taking in adoption and the adoption satisfies all statutory requirements set out under the Act. The mere fact that it is not registered or there is a defect in its registration, would not render the adoption deed or the adoption invalid. The fact that an adoption, valid in all other aspects, signed/thumb marked by both sets of parents but is not attested by natural father at the time of registration, may if at all, raise a presumption that the registration is defective. But cannot be reference to any provision of the Act, raise an inference that the adoption is invalid-

• 2016.03.14- Advait Foundation Vs UOI- Supreme Court Directed the Central Government to formulate fresh guidelines under the JJ Act, 2015- CARA Guidelines, 2015 were found by the Court to have been formulated under JJ Act, 2000 and not under JJ Act, 2015-

• 2016.07.18- PKH Vs. CARA- HAMA- DelHC examined in detail the following: Juvenile Justice Act, 2000; Juvenile Justice (Care and Protection of Children) Rules, 2007; Guidelines Governing Adoption of Children, 2015, Various International Conventions, Judgments, namely, Lakshmi Kant Pandey-

• 2016.08.23- Amee Sharan Desai Vs Sharan Sanjeev Desai

• 2017.11.14- Divyansh Arora, Master Vs Union Of India-

• 2017.10.04- Shweta Gupta Vs Rahul Keshav Jadhao- Adoption by second husband- Of child of second wife from her first marriage-

• 2019.04.09- Amar Singh Gill Vs CARA

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