Earlier, the option for adoption was only available to the Hindu community under the Hindu adoption and maintenance act 1956, which was only applicable to the Hindu’s and was not applicable to communities like Muslims, Christians, and Parsis, they had to recourse to the guardians and wards act,1890, according to which they can only become the guardians of the children.
The evolution of Indian adoption law reached a milestone with the Juvenile Justice (care and protection of children) Act, 2015.
It established uniform, secular, and child centric adoption procedures.as described under section 2(2) of juvenile justice act, 2015, “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.
Adoption under the JJ Act,2015.
the JJ act applies to all Indian citizens and permits the adoption of two children of the same gender. It grants the status of parents and child, rather than guardian and ward, and extends the same rights available to biological children to adopted children. this legislation is specifically designed to address the care, protection, development and rehabilitation of juveniles in conflict with the law and children in need of care and protection. Similar to the “special marriage act 1954”, which allows individuals of any religion, residing in India to marry under its provisions, the JJ act provides a uniform and stable legal framework for justice across the country. it covers individuals up to the age of majority.ie.18 years
In the case of Shabnam Hashmi v. union of India, the SC held the right to adopt as a fundamental right protected under part 3 of the constitution. The court ruled that individuals seeking to adopt under the juvenile justice act,2000, have the right to do so regardless of their religion, caste or creed. additionally, the court noted that while Muslim law does not formally recognize adoption, it also does not prohibit couples from providing emotional and financial care of a child.
Procedure of adoption
For parents residing in India-
- application process: prospective parents regardless of their religion must apply through a “specialized adoption agency” via the “child adoption resource information and guidance system”, submitting an online application form along with necessary documents. these institutions are responsible for ensuring that such children are placed for adoption in accordance with the provision of the act.
- home study report: the SAA conducts a home study report for the prospective parents, which is then posted on the “child adoption resource information and guidance system”. this report serves as the basis for adoption and remains valid for three years.
- referral of child: prospective parents are referred to profiles of three children based on their preference. they have 48 hours to select a child for adoption.
- preadoption foster care: after selecting a child, prospective parents sign necessary reports, and the child is placed in preadoption foster care by the SAA.
- Adoption order and birth certificate: Following court approval, the adoptive parents’ names are added to the child’s birth certificate, and an adoption order is issued.
follow-up: For two years, the SAA will provide post-adoption follow-up reports every six months.
For the parents who reside overseas:
Prospective parents from nations that have ratified the Hague Adoption Convention must apply through a central authority or an authorized foreign adoption agency.
- Referral of child: prospective parents receive profiles of two children and have 96 hours to make a decision after eligibility is confirmed and paperwork is completed.
- pre-adoption foster care: prospective parents may take the child into pre -adoption foster care in India with no objection certificate while awaiting court approval.
- follow up: progress reports on the adopted child are submitted quarterly for the first year and semi-annually for the second year.
For adoption by relatives-
- application process: biological parents consent or permission from the “child welfare committee” is mandatory needed, in addition to the child’s consent if they are over five years old.
- court application: relatives of prospective parents must submit an application to the court along with the required paperwork and parental approval.A certified adoption order is obtained and updated in the child adoption resource information and guidance system following court approval.
Who can be adopted:
- Children who are homeless or whose parents have given them up are considered orphaned, abandoned, or surrendered.
- Children of relatives: regardless of their faith, a relative may adopt a child by following the guidelines outlined in the act
- children up to 18 years of age: the act defines a child as someone under 18 years of age and all children under this age are eligible for adoption.
Eligibility of the prospective adoptive parents:
according to section 57 of the act:
- must be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.
- in case of a couple, consent of both the spouses necessary for the adoption.
- a single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provision of adoption regulations framed by the authority.
- a single male is not eligible to adopt a girl child.
- no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.
- the minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.
- the age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by stepparent.
- couples 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 stepparent.
CAN an adoption be terminated:
according to the regulation 13(6) of the adoption regulation act 2017, termination of adoption is going to depend on the fact that whether the adoption is still in preadoption foster care stage or whether the final adoption order has been given by the court.
Conclusion:
In order to ensure the future and welfare of orphaned, abandoned, or surrendered children in India, adoption under the JJ Act is a necessary legal process. It offers potential adoptive parents the opportunity to provide them with a caring home and safeguards their rights to a loving family.
The act continues to change in response to challenges and disagreements, emphasizing the value of adoption in building strong families and welcoming communities. Adopting a child is not only a legal act but also a profound manifestation of love, compassion, and the human spirit’s tenacity.