Role of Judiciary

&
Court Procedure
for Adoption

Ministry of Women & Child Development

Government of India
 Preview
 Perspective on Adoption
 Laws, Rules & Regulations Governing Adoptions in India
 Adoption Process under JJ Act, 2015 & Adoption Regulations,
2017.
 Process for declaring a child legally free for adoption
 Assessing eligibility of Prospective Adoptive Parents for various types of
Adoptions
 Child Adoption Resource Information & Guidance System (CARINGS)
 Types of Adoptions
 Hague Convention on Inter-country Adoptions & NOC
 Post adoption follow up of adopted children
 Court Procedure
 Order Sought by the Applicants
 Court Pendency & Reasons for Delay
 Few Adoption Orders
 What is Adoption?
 Relationship of the child is severed legally from his/her
biological parents

 Child becomes the lawful child of his/her adoptive parents

 All the rights, privileges and responsibilities post adoption are

similar to that in case of a biological child.

(Sec 2(2) of JJ Act, 2015 & Sec 12 of HAMA, 1956)

BIOLOGICAL ADOPTIVE
PARENTS PARENTS
 Laws, Rules & Regulations
Governing Adoptions in India
 Adoption Legislations
 Hindu Adoption Maintenance Act,
1956 (HAMA)
 Juvenile Justice (Care & Protection
of Children) Act, 2015 (JJ Act)
(Came into effect from 15 January 2016)

 Model JJ Rules, 2016

(Came into effect from 21 September 2016)

 Adoption Regulations, 2017

(Came into effect from 16 January 2017)
 Hindu Adoption Maintenance Act, 1956
(HAMA)
 An Act only for Hindus, as the child, the giver and the taker has to be a Hindu
(a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe
governed by their customary law can not adopt) (Sec 2 of HAMA)

 Eligibility of adoptive parents (Sec 6 to 8 of HAMA)

 Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under
this act only with the consent of his living wife (Husband is the adopter and wife is
merely consenter)
 A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c))
 A person having a male child can not adopt a male child
 A person having a girl child can not adopt a girl child
 Age difference between the adoptive father and the adoptive girl child to be at
least 21 years (Sec 11 (iii))

 The child has to be below 15 years of age (Sec 10(iv) of HAMA)

 Provision of payment or reward and any contravention shall be punishable

(Sec 17 of HAMA)
 Role of Court in Adoption under HAMA

 Adoption can be concluded through a registered Adoption

deed subject to compliance with the provisions of the Act (Sec
16 of HAMA)

 Courts permission to adopt under this act is required only in

the following cases (Sec 9(4) of HAMA):
 where both the father and mother are dead
 where both the father and mother have completely and finally
renounced the world
 where both the father and mother have abandoned the child
 where both the father and mother have been declared to be of unsound
mind by the court concerned
 where the parentage of the child is not known

 Valid Adoption can not be cancelled (Sec 15 of HAMA)

 Abbreviations
• JJ Act: Juvenile Justice (Care and Protection of Children) Act, 2015
• JJ Rule: Model Juvenile Justice Rule, 2016
• AR 2017: Adoption Regulations, 2017
• CARINGS: Child Adoption Resource Information & Guidance System
• PAPs: Prospective Adoptive Parents
• HSR: Home Study Report
• CSR: Child Study Report
• MER: Medical Examination Report
• CARA: Central Adoption Resource Authority
• SARA: State Adoption Resource Agency
• SAA: Specialized Adoption Agency
• CCI: Child Care Institutions
• AFAA: Authorised Foreign Adoption Agency
• CWC: Child Welfare Committee
• DCPU: District Child Production Unit
• NOC: No Objection Certificate
• CPC: Code of Civil Procedure
• CMA: Civil Miscellaneous Applications
• MJC: Miscellaneous Judicial Case
 Juvenile Justice Act, 2015 (JJ Act)
 A secular Act (any body irrespective of religion can adopt a child under this act) (Sec
58(1) of JJ Act)

 Nothing in this act shall apply to adoption under HAMA (Sec 56(3) of the JJ Act)

 All Inter-country adoptions shall be done as per provisions of this Act & Adoption
Regulations framed by the Authority (Sec 56(4) of the JJ Act)

 Children up to the age of 18 can be adopted under this Act (Sec 2(12) of the JJ Act)

 Orphan, Abandoned & Surrendered (OAS) children declared legally free for adoption
by CWC (Sec 38 of JJ Act & Reg 6, 7 of AR 2017) can be placed in In-country and Inter-
country adoptions (Sec 56(1) of the JJ Act, Reg 4 (a) of AR 2017)

 Children of relatives, as defined in Sec 2(52) of the JJ Act, can be adopted by a In-
country parent (Sec 56(2) of the JJ Act & Reg 51 of AR 2017)

 Children of relatives, as defined in Sec 2(52) of the JJ Act, can be adopted by a Inter-
country parent (Sec 60 of the JJ Act & Reg 53, 54 of AR 2017)
Contd.
 Juvenile Justice Act, 2015 (JJ Act)
 Eligibility of PAPs (Sec 57 of the JJ Act & Reg 5 of AR 2017)
 A couple/single parent can adopt
 Single male not eligible to adopt a girl child
 PAPs age eligibility criteria is defined
 Minimum 2 years stable marital relationship is mandatory
 PAPs with 3 or more children shall not be eligible to adopt a normal OAS
child
 Eligibility and suitability of the PAPs are ascertained through a Home
Study by the SAA ( Sec 58(2) of the JJ Act & Reg 9(13) of AR 2017)

 Court Procedure is defined in Sec 61 of the JJ Act & 12, 17, 55 of AR 2017

 Post adoption Follow up of the adoptive family both in case of In-country

and Inter-country is undertaken for 2 years by the SAA and the AFAA
respectively (Reg 13 & 19 of AR 2017 respectively)
 HAMA JJ ACT
Only for Hindus Secular Act
Same sex children can not be adopted No such conditions
Children only upto 15 years of age can be adopted Children upto 18 years of age can be adopted

Registered deed finalizes adoption, court permission Adoption order finalizes adoption, deed is not required
required in some cases
OAS children in SAA/CCI belongs to the State & can not JJ Act provisions for rehabilitation of OAS children in
be adopted under HAMA. Such application should not the SAA/CCI and these children have to be placed in
be entertained by the courts adoption under this Act
Suitability of the PAPs, sourcing of the child and the Welfare & Best Interests of the Child is ensured due to
post-adoption follow up can not be the built in mechanisms in the JJ Act
ascertained/ensured for adoption under HAMA
Courts may require services of Scrutiny Committee in There is no requirement of scrutiny and the same has
case declaratory suit is filed for adoptions under not been envisaged under JJ Act due to the built in
HAMA scrutiny mechanisms.
Inter-country adoptions can not be done under HAMA All Inter-country adoptions shall be done only as per
as these fall under private and direct adoption and is provisions of this Act (Section 56(4) of the JJ Act, 2015)
not supported by Hague Convention on Adoptions
(Para 22 & 23 of Ch 6 of Hague Convention
Information Brochure)
 Guardians and Wards Act, 1890
(GAWA)
 Not an Adoption Law as it does not establish parent child
relationship

 Establishes only a Guardian and Ward relationship only till the

child attains the age of 18 years

 The cases applicable under GAWA may be admissible under Civil

Miscellaneous Applications (CMA) or Miscellaneous Judicial Case
(MJC)

 Eligibility for applying for guardianship order and the court

procedure as per CPC, 1882 is defined under Sec 7 to 26 of
GAWA.
 Salient Aspects of GAWA
 Guardianship petitions can only be filed by a person entitled as
defined in Sec 8 of GAWA
 PAPs are resorting to filing an application under GAWA for
taking custody of OAS children with a view to undertake
adoption under HAMA through a deed
 Rehabilitation of OAS children has to be as per the JJ Act 2015
and such petitions should not to be entertained
 In case of applicant being given guardianship under GAWA, the
interest of the child can not be ensured in the absence of
proper eligibility check and follow up

 They have no legal rights and responsibilities towards each

other as soon as the child attains majority (18 years)
Adoptions under JJ Act 2015
&
Adoption Regulations 2017
 Fundamental Principles
Governing Adoption
 Adoption shall be resorted to right to family for the OAS children
(Sec 56(1) of JJ Act)

 The child's best interests shall be paramount (Reg 3(a) of AR,

2017)

 The principle of placement of the child is in his own socio-cultural

environment (Reg 3(b) of AR, 2017)

 All adoptions shall be registered on CARINGS (Reg 3(c) of AR,

2017)

 Maintaining the confidentiality is mandatory (Sec 74 of JJ Act &

Reg 3(c) of AR, 2017)
 Process for Declaring a Child
Legally Free for Adoption
OAS children produced before CWC within
24 hours

Placed in CCI/SAA for immediate care

through a written order

Procedure for declaring legally free

undertaken by DCPU & SAA
(Sec 38 of the JJ Act & Reg 6, 7 of AR 2017)

Declared legally free by CWC following

due procedure
 Child Welfare Committee (CWC)
 It is a 5 membered committee (at least one women member) notified
by State Government for each District (Sec 27, 28 of the JJ Act)
 Committee shall function as a bench and shall have powers conferred
by the CrPC, 1973 on a metropolitan Magistrate or Judicial Magistrate
of First Class (Sec 27(9) of the JJ Act)

 CWC is authorised to dispose off cases for the care, protection,

treatment, development and rehabilitation of the children (Sec 29(1)
of the JJ Act)

 CWC has the power to deal exclusively with all proceedings under this
Act relating to children in need of care and protection (Sec 29(2) of the
JJ Act)

 The District Magistrate is empowered to conduct a quarterly review of

the functioning of CWC (Sec 27(8)(10) of the JJ Act)
 Process for Declaring Orphan/Abandoned
Children Legally Free for Adoption
 To be produced before CWC within 24 hours along with the report about
the facts and circumstances in which the child found (Sec 31 of JJ Act &
Reg 6(2) of AR 2017)

 A copy of the above report as per Form 17 of JJ Model Rules, 2016 to be

submitted to the local Police station within 24 hours

 Interim care order by CWC to a SAA or CCI to keep the child pending
inquiry (Sec 36(1), 37(1) of JJ Act & Reg 6(4) of AR 2017)

 Photo publication of the child by DCPU in newspaper with in 3 working

days to trace out the biological parents/legal claimant (Reg 6(6) of AR
2017)

 Entering of the particulars of the child in the designated Portal for missing
and found children by the SAA or CCI concerned (Sec 32(2) of JJ Act & Reg
6(6) of AR 2017)
Contd.
 Process for Declaring Orphan/Abandoned
Children Legally Free for Adoption
 Social investigation completed within 15 days and the report be provided
to the CWC by the SAA/CCI and DCPU within 30 days to enable the CWC to
pass the final order within 4 months of first production of the child (Sec
36(1)(2), 38 of JJ Act & Reg 6(10)(14) of AR 2017)

 CWC to declare the child legally free for adoption if biological parent/legal
guardian could not be traced out within a period of 2/4 months in case of
a child younger/older than 2 years respectively from the date of
production of child (comments under Sec 38 of JJ Act & Reg 6(13) of AR
2017)

 Non receipt of Police report within stipulated time frame of 2/4 months in
case of a child younger/older than 2 years respectively shall be deemed to
have been given (Reg 6(11) of AR 2017)

Contd.
 Process for Declaring Orphan/Abandoned
Children Legally Free for Adoption
 At least 3 members of the CWC shall sign the order declaring the child
legally free for adoption (Sec 38(4) of the JJ Act & Reg 7(17) of AR 2017)

 In case of siblings or twins, they shall be declared legally free in a single

order by CWC (Reg 6(19) of AR 2017)

 After the certificate declaring the child legally free for adoption is
uploaded by the SAA (within 48 hours from the receipt of such
certificate (Reg 29 (d) of AR 2017)) on CARINGS, only then the child is
referred to the registered and eligible PAPs
 Process for Declaring Surrendered Children
Legally Free for Adoption
 Parent or guardian wanting to relinquish a child due to physical, emotional
and social factors beyond their control shall produce the child before CWC
for surrendering the child (Sec 5(1) of JJ Act & Reg 7(1) of AR 2017)
 After due counselling, the child can be surrendered ‘in camera’ (Reg 7(22) of
AR 2017) and a surrender deed (as per Schedule V of AR 2017) shall be
executed by the parent or guardian before the CWC (Sec 35(2) of JJ Act and
Reg 7(2) to 7(9) of AR 2017)
 Two months reconsideration period is available to the parents or guardian
surrendering the child from the date of surrender (Sec 35(3) of JJ Act, Reg
7(12) of AR 2017)
 No public notice or advertisement shall be issued in case of surrendered
child and due regard to be given to privacy of surrendering parents (Reg
7(13)(14)(20) of AR 2017)
 CWC shall issue an order declaring the child legally free for adoption after
the expiry of 60 days from the date of surrender as per schedule 1 of AR
2017 (Reg 7(17) of AR 2017)
 Assessing Eligibility of PAPs
for Adoptions
 Home study to check the suitability and eligibility of the PAPs is
conduced by the social worker of a SAA in the place of PAPs’
residence (Reg 9(7)(8) of AR 2017)

 Home Study Report (HSR) is prepared in the format given in

Schedule VII of AR 2017 which has a validity of 3 years (Reg
9(10) to (12) of AR 2017)

 PAPs are declared suitable based on the HSR and only then they
are eligible for adopting a child depending upon the availability
of a suitable child (Reg 9(13)(17) of AR 2017)
 Child Adoption Resource Information &
Guidance System (CARINGS)
 Online Application to facilitate, guide and monitor adoption
programmes.
 It has two databases: one for the children filled by the SAAs
and the other is for the PAPs filled by the domestic PAPs or
the AFAAs for the NRIs/OCIs/foreign PAPs
 It has secure role based access for various stakeholders
Key implementing Stakeholders are:-

 Prospective Adoptive Parents (PAPs) both

within the country and abroad.
 Specialized Adoption Agencies (SAAs).
 Child Care Institutions (CCIs).
 State Govt. and State Adoption Resource
Agencies (SARAs).
 District Child Protection Units (DCPUs)
registered with CARA.
 Authorized Foreign Adoption Agencies
(AFAAs) , Central Authorities (CAs) and Indian
Diplomatic Mission in the receiving
countries.
 Types of Adoptions
Under JJ Act 2015 & AR 2017
 In-country Adoptions
 Adoption of OAS Children
 Relative Adoption
 Adoption by Step Parents

 Inter-country Adoption
 Adoption of OAS Children
 Relative Adoption
In-country Adoptions
 In-country Adoption of OAS
Children
OAS children produced before
PAPs register on line for adopting
CWC
a child and upload their
documents in CARINGS
Placed in CCI/SAA for immediate
care
Home study conducted by a
social worker of SAA and
uploaded on CARINGS Procedure for declaring legally
free undertaken by DCPU
PAPs based on choice and Post
eligibility are referred profile of Declared legally free by CWC
legally free children
Adoption
Follow up
till 2
Application & Issuance of the
birth certificate of the child with years
PAPs reserve a child within 48
hours 8 working days from the
date of
Court order by disposing off the placement
Matching of the PAP’s with the case within 60 days of the filing with the
child is done by Adoption after in camera hearing by the adoptive
committee within 20 days designated court family
Filing of petition by SAA with
Acceptance of the child by the PAPs as co-petitioner in
PAPs and taking the child in Pre- designated court within 10 days
Adoption Foster care of acceptance
 In-Country Relative Adoption

Registration by the PAPs on CARINGS &

uploading of documents

Verification by DCPU & Approval by SARA

Filing of application & obtaining Court order

by the PAPs
 Adoption By Step-Parent
Permission from the CWC shall be
obtained for Adoption of
Child/Children by Biological Parent
& Step Parent as per Schedule XX
of AR 2017

Uploading of Documents of PAPs in

CARINGS by AFAA/CA/IDM

Initial approval by CARA

Filing of application & obtaining of

Court order by the PAPs
 Post Adoption Follow Up
of In-country Adopted Children
 Post Adoption follow up for In-country adoptions is conducted
for two years on 6 monthly basis from the date of pre adoption
foster placement of the child with the PAPs and report uploaded
in CARINGS as per Schedule XII of AR 2017 (Reg 13(1) of AR
2017)

 In case of adjustment problem or disruption the process to be

undertaken is specified in Reg 13(5)(6) of AR 2017

 In case of dissolution the application for annulment of adoption

order shall be filed in the court which issues the adoption order
(Reg 13(7) of AR 2017)
Inter-country Adoptions
 Hague Convention
on Inter-country Adoption
 The Hague Convention of 29 May 1993 on Protection of Children
and Co-operation in Respect of Intercountry Adoption (Hague
Adoption Convention) protects children and their families
against the risks of illegal, irregular, premature or ill-prepared
adoptions abroad.
 This Convention, which operates through a system of national
Central Authorities, reinforces the UN Convention on the Rights
of the Child (Art. 21) and seeks to ensure that intercountry
adoptions are made in the best interests of the child and with
respect for his or her fundamental rights.
 It also seeks to prevent the abduction, the sale of, or traffic in
children.
 Website: www.hcch.net
 India became signatory to this convention in the year 2003
Regulation By Central Authority
Conclusions and Recommendations of the
Special Commission on the practical
operation of the 1993 Hague Convention
(17-25 June 2010)
 NOC For Inter-country Adoptions
 All Inter-country adoption shall
only be under the provisions of
JJ Act & AR 2017 (Section 56(4)
of the JJ Act)

 NOC is mandatory for all Inter-

country adoption under Hague
Convention

 It is issued by the Central

Authority of sending country
(CARA) after receipt of Article 5
& 17 from the receiving country
 Article 5 & 17: Hague Convention
Article 5
An adoption within the scope of the Convention shall take place only if
the competent authorities of the receiving State –
a) have determined that the prospective adoptive parents are eligible
and suited to adopt;
b) have ensured that the prospective adoptive parents have been
counselled as may be necessary; and
c) have determined that the child is or will be authorised to enter and
reside permanently in that State.
Article 17
Any decision in the State of origin that a child should be entrusted to
prospective adoptive parents may only be made if–
a) the Central Authority of that State has ensured that the prospective
adoptive parents agree;
b) the Central Authority of the receiving State has approved such
decision, where such approval is required by the law of that State or
by the Central Authority of the State of origin;
c) the Central Authorities of both States have agreed that the adoption
may proceed; and
d) it has been determined, in accordance with Article 5, that the
prospective adoptive parents are eligible and suited to adopt and
that the child is or will be authorised to enter and reside
permanently in the receiving State.
 Inter-country Adoption of OAS
Children
Counselling and preparation of HSR of PAPs by the Social worker of AFAA or CA
for Hague Signatory Countries and Indian Mission for others

Registration of PAPs in CARINGS by AFAA/CA/Indian Mission

Uploading of Documents by AFAA/CA/Indian Mission

Initial approval by CARA

Child Referral and Reservation through CARINGS

Child matching by SAA & acceptance by PAPs

NOC by CARA

Pre-Adoption Foster Care (only few PAPs exercise this option)

Court Order, Conformity Certificate, Passport, Visa & Exit Visa for the child

Child Arrival, Citizenship, Post- Adoption Follow-up till 2 years

 Inter-Country Relative Adoption
HSR & Registration of PAPs by the Social worker of AFAA (Authorised Foreign
Adoption Agency) or CA (Central Authority) or Indian Diplomatic Mission (IDM)

Uploading of Documents of PAPs in CARINGS by AFAA/CA/IDM

Initial scrutiny by CARA

Verification by DCPU & Recommendation by SARA

Pre- Approval by CARA ( as per Article 16)

Filing of application & obtaining of Court order by the PAPs

Issue of NOC & Conformity Certificate by CARA

Passport & Exit Visa for the child

Child Arrival, Citizenship & Post-Adoption Follow-up till 2 years

 Post Adoption Follow Up
of Inter-country Adopted Children
 Post Adoption follow up for Inter-country adoptions is conducted
for two years, on quarterly basis in the first year followed by bi-
annually in the second year, by the AFAA and report is uploaded in
CARINGS as per Schedule XII of AR 2017 (Reg 19(1)(7) of AR 2017)

 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 (Reg 19(2) to (5) of AR 2017)

 The AFAA or CA or Govt Dept concern may organize Annual get

together to be facilitated by Indian Diplomatic Missions (Reg 19(6)
of AR 2017)
Court Procedure
 Court Procedure
 Adoption gets concluded legally after obtaining an adoption order from the court
concerned
 Court means civil court , which has jurisdiction in matters of adoption and guardianship
and may include the District Court, Family Court or City Civil court (Section 2 (23) of the
JJ Act)
 Court Procedure is defined in Sec 61 of JJ Act & Regulations 12, 17, 55 of the Adoption
Regulations
 Procedure before the Court shall not be bound by the procedure laid down in the CPC,
1908 (Rule 45 of the JJ Rule)
 The application for Adoption Order is non adversarial in nature, the SAA and the PAPs
are co-applicant and there shall not be any opposite party or respondent (Reg 12(5) of
AR 2017)
 Five different model applications for different types of Adoptions are provided in
Schedules XXVIII to XXXII of AR 2017
 List of documents to be attached for different types of Adoptions applications have
been enumerated at Schedules VI & IX of AR 2017
 In case the PAPs are habitually residing abroad, they may permit the Social worker of
the SAA to represent them through a Power of Attorney (Reg 17(2) of AR 2017)
Contd.
 Court Procedure
 SAA shall files the application in the Court with in 10 working days after matching/NOC
(Reg 12(1) , 17 (a) of AR 2017)
 In case Child is from a CCI linked to the SAA, the CCI also becomes co-applicants along
with the PAPs (Reg 12(3) of AR 2017)
 A single petition is filed for twins or siblings (Reg 12(4) of AR 2017)
 All court proceedings to be held in camera and disposed with in 2 months of date of filing
(Sec 61 (2) of the JJ Act & Reg 12 (6) of AR 2017)
 Adoption Order should not stipulate execution of bond or making investment by the PAPs
in the name of the child (Reg 12(7) of AR 2017)
 Registration of Adoption deed shall not be mandatory as per the Act (Reg 12(9) of AR
2017)
 Petition filed by PAPs to adopt a child of a relative, should carry the consent letter of
biological parents or permission of CWC as per Schedule XIX or Schedule XXII of AR 2017
respectively (Reg 51(2) & 55(1) of AR 2017)
 In case of Inter-country Relative Adoption, the PAPs shall file an application in the District
where the child resides (Reg 55(3) of AR 2017)
 Before issuing the court order the court shall satisfy itself as mandated under Section
61(1) of the JJ Act
 Section 61 of the JJ Act
 Before issuing an adoption order, the court shall satisfy itself that:-
 That the adoption is for the welfare of the child.
 That due consideration has been given to the wishes of the child having
regard to the age and understanding of the child.
 That neither the PAPs have given and agreed to give nor the agency or the
parent or guardian of the child in case of relative adoption has received or
agreed to receive any payment or reward in consideration of the adoption,
except as permitted under the adoption regulations framed by the
Authority (CARA) towards the adoption fees or service charges or child care
corpus.

 The adoption proceedings shall be held in camera and the case shall be
disposed off by the court within a period of two months from the date of filing.
 Comments on Section 61 (1) of
the JJ Act
Welfare of the child (Sec 61(1)(a) of the JJ Act) can be ascertained from the CWC order
declaring the child legally free for adoption, HSR recommending the eligibility of the PAPs and
minutes of the Adoption Committee matching the PAPs with the child. Further post-adoption
follow up is already built in the procedure.

Wishes of the child (Sec 61 (1)(b) of the JJ Act) can be ascertained from the consent of the
older child i.e. above five years of age (Ser No 1(16), 2(15) of Schedule IX & Ser No 3(2), 4(2),
5(2) of Schedule VI of AR 2017). Further, it may be ascertained during the In camera hearing by
the Judge.

No payment or reward has been made in consideration for the adoption, other than the fees or
child care corpus as stipulated in the Adoption Regulation (Sec 61(1)(c) of the JJ Act) can be
ascertained from the fact that the adoption process has been undertaken by PAPs duly
registered in CARINGS and hence would not be paying any money other than the stipulated
fees.

There is no requirement of Scrutiny Committee as the application gets filed in the court only
after the entire process has been scrutinized by the respective agencies mandated to do so and
relevant documents are attached with the application.

In-camera hearing and disposal within a period of two months (Sec 61(2) of the JJ Act) must be
ensured in the welfare of the children
Summary of the Provisions of the JJ Act
 Summary of the Provisions of the JJ Act
 Adoption to be resorted to as per the provisions of the Act , the Rules and the Adoption
Regulations framed by CARA , to ensure right to family for O/A/S children [Section 56 (1)]
 A Non-Hindu living in India can adopt under JJ Act [Section 56 (2)]
 Nothing in JJ Act shall apply to the adoption of children made under the provisions of HAMA
[Section 56 (3)]
 All inter-country adoption to be done as per the provisions of JJ Act and the Adoption
Regulations framed by CARA [Section 56 (4)]
 Eligibility of prospective adoptive parents laid down under Section 57
 Procedure for adoption by Indian prospective adoptive parents living in India laid down
under Section 58
 Procedure for inter-country adoption of an orphan or abandoned or surrendered child India
laid down under Section 59
 Procedure for Inter-country relative adoption is laid down under Section 60
 Court procedure for adoption laid down under Section 61
 Effect of adoption has been laid down under Section 63 of the Act.
 The documentation and other procedural requirements, not expressly provided in this Act
with regard to the adoption of an OAS child by resident Indian PAPs or by NRI, or by OCI or
by a foreigner, shall be as per the Adoption Regulations.
 Order Sought For
By The Adoptive Parents
 Order Sought For
By The Adoptive Parents
 Adoption of the Child granted to the adoptive parents and they be
declared parent of the child for all purpose of the law.

 The new name as given by the adoptive parents must be recorded

along with the date of birth of the child.

 Direction must be given to the Birth Certificate issuing authority

(name & place) to issue Birth Certificate within five working days
from the date of receipt of application, with the child’s name (as
requested by the adoptive parents in the application), the date of
birth, adoptive parents (names) as parents and the place of the
SAA as place of birth (only the place).

 Attested photograph of the child affixed in the Court order.

The Human Side…
 The Human Side…
 In case of In-country adoption the child is taken in Pre-adoption
Foster Care
 Parents are under anxiety & emotional distress as the child isn’t legally theirs
 Birth Certificate and Passport of the child cannot be made
 Policies (Health & others) of the child can not be taken
 School admissions for children isn’t possible

 In case of Inter-country adoption the child continues to remain in

institution pending Court Order.
 The children wait endlessly in hope of being taken home by their adoptive
parents
 The child’s well being isn’t looked after in the agency as it could be in the
adoptive family
 Over 50% children given on Inter-country adoptions are special needs
children and their medical rehabilitation plan gets delayed
 After a point the parents tend to give up
The Concerns
 Delay Due To…
 Following CPC procedure instead of that as defined in JJ Act & AR
2017
 Prescribing extraneous agencies (like scrutiny committee) for various
things
 Not admitting/registering the application
 Advertising and making Respondents while hearing of the case
 Power of Attorney not respected to in Inter-country cases (17(2) of AR
2017)
 Delay in assigning dates and short adjournments (cases must be
treated as urgent)
 Absence of the Family/District Court Judges
 Petitions not filed in order (it shouldn’t be adversarial) and supporting
documents listed in Schedules VI & IX of AR 2017 not enclosed
 Reserved judgements and delayed pronouncement of Adoption Order
 Few Adoption Orders
 Advertising about the adoption violates the right to privacy
enshrined in constitution and is prohibited under Section 74 of JJ
Act
 Adoptive parents ordered to execute bonds and deposits in the
name of the child
 Adoptive parents ordered to donate money to an organisation
 Asking the adoptive parents to produce the child in the court in
regular interval up to a certain duration
 Few Adoption Orders
 Orders of some Courts for Advertisement of Adoption Cases in Newspaper, in
contravention of the Judgement of Hon’ble Apex Court dated 06.02.1984 in L.K.
Pandey case
 Orders of some Courts for production of the adopted child for post adoption follow-
up
 Orders of some Courts for Fixed Deposit/Investment in the name of the adopted
child
 Orders of Court for Donation
 Orders of some Courts for Scrutiny Report in adoption cases from External Agencies
(Indian Council for Child Welfare)
 PAPs/General Public/District Collector/CWC being made Opposite Parties to
Adoption Cases
 Order(s) of Court for DNA Test of the adopted child
 Orders of some Courts for registration of Adoption Deeds despite Adoption Orders
issued under JJ Act
 Court Order(s) relating to Authentication of the Documents of Prospective Adoptive
Parents (PAPs)
 Misc. Orders of some Courts relating to Adoption
 Orders of Some Courts for Advertisement of
Adoption Cases in Newspaper, in Contravention
of the Judgement of Hon’ble Apex Court Dated
06 Feb 1984 in L.K. Pandey Case
 Judgement of Hon’ble Apex Court dated 06.02.1984 in L.K. Pandey Case, vide which
the publication of the advertisement of an adoption case has been prohibited.

 Order dated 05.11.2016 of Ld. District Judge, Raipur (Chhattisgarh) in G.W.

Application No.26/2016, for inviting objections from general public to the proposed
adoption under JJ Act, 2015.

 Memorandum dated 08.09.2016 of Ld. Judge, Family Court, Ambikapur

(Chhattisgarh) to the Editor, Dainik Bhaskar, to publish Notice about the adoption
case for the presence of general public in the Court.

 Order dated 28.07.2016 of District Judge (Incharge), Lucknow (Uttar Pradesh) in

Misc. Case No.372/16 for the advertisement of the case in Newspaper.

 Order dated 10.08.2016 of Ld. District Judge, Murshidabad (West Bengal) in Misc.
Adoption (Civil Misc) Case No.22/2016, vide which Notice as well as general citation
was directed. Paper Publication in this case was directed on 09.12.2016.
 Orders of Some Courts for Production of the
Adopted Child for Post Adoption Follow-up
 Order No.8 dated 08.12.2016 in Misc. (Adop) Case No.55/2016 of Ld. District
Judge, Burdwan (West Bengal), directing the adoptive mother to produce the
child before the Court after every 3 months for a period of 3 years initially and
subsequently after an interval of 6 moths till the child attains the age of majority,
alongwith a recent photograph of the child and medical fitness certificate of the
child on each and every occasion of such production.

 Memorandum dated 08.09.2016 of Ld. Judge, Family Court, Ambikapur

(Chhattisgarh) to the Editor, Dainik Bhaskar, to publish Notice about the adoption
case for the presence of general public in the Court.

 Order dated 06.02.2017 of Ld. Principal Judge, Family Court, Guna (Madhya
Pradesh) in MJC G.W. Application No.03/2016, directing the adoptive parents to
produce the child before CWC and Probation Officer, Guna, for post adoption
follow up.
 Orders of Some Courts
for Fixed Deposit/Investment
in the Name of the Adopted Child
 Order dated 06.02.2017 of Ld. Principal Judge, Family Court, Guna (Madhya
Pradesh) in MJC G.W. Application No.03/2016, directing the adoptive parents to
make fixed deposit of Rs.5.00 lakh every year in the name of the adopted child,
from the year 2017 to 2020 (till the child attains the age of 21 years) and
produce the certificate in this regard in the Court within one month of
completion of every year.

 Order dated 21.12.2016 of Ld. District Judge, Raigarh (Chhattisgarh) in Misc. Civil
Case No.75/2016, directing the adoptive father and adoptive mother to make
separate-separate insurance of Rs.25.00 lakh each, wherein the name of the
child will be kept as Nominee under their guardianship, and make payments of
premiums regularly.
 adoptive parents will open Recurring Deposit A/c in a local / nationalized Bank in the
name of the child and deposit Rs.10,000/- every month, till she attains the age of
majority. The maturity amount of such account will be received by the child on her
becoming
Contd.
 Orders of Some Courts
for Fixed Deposit/Investment
in the Name of the Adopted Child
 Order dated 19.01.2017 of Principal Judge, Family Court, Chandouli (Uttar Pradesh) in
Child Adoption Application No.25/2016, directing the adoptive parents to make a fixed
deposit of Rs.10.00 lakh in the name of the child: Raju till he becomes major (18 years), in
a nationalised Bank and to submit a copy thereof in the court.

 Order dated 22.03.2016 of Ld. Principal District Judge, Chandrapur (Maharashtra) in

Misc. Civil Application No.30/2016, directing the adoptive parents to make fixed deposit
of Rs.10.00 lakh in the name of the adoptive female child within two months.

 Order dated 08.05.2015 of Ld. Additional Civil Judge Senior Division, Jalandhar (Punjab)
in G.W. Application No.19/2015, directing the adoptive parents to make fixed deposit of
Rs.5.00 lakh in the name of the adoptive child, in a nationalized Bank as security for the
welfare of the child, which will be released to the child on attaining the age of majority.

 Order dated 04.03.2016 of Ld. Principal Magistrate, Juvenile Justice Board, Ludhiana
(Punjab) in G.W. Petition No.07/2016, directing the adoptive parents to deposit Rs.1.00
lakh in the name of the adoptive child, within a period of two months, in the shape of FDR
or be invested in any other scheme for welfare of the child.
 Orders of Court for Donation

 Order dated 06.02.2017 of Hon’ble Chief Justice of High Court of Madras (Tamil
Nadu) in O.P. No.968/2016, directing the adoptive parents to donate Rs.1.00
lakh to the School Management Committee (SMC), Government Girls Higher
Sec. School, Acharapakkam PO in their Bank Account, within a period of two
weeks i.e. on or before 16.02.2017.
 Orders of Some Courts for Scrutiny Report in
Adoption Cases from External Agencies
(Indian Council for Child Welfare)
 Order dated 02.03.2016 of Ld. Additional City Civil & Sessions Judge at Mayo
Hall Unit, Bengaluru (Karnataka) in Misc. No.25010/2016, reflecting the
Scrutiny Services obtained from Karnataka State Council for Child Welfare.

 Circular of Hon’ble Madras High Court ROC.No.1760A/2001/B5 ( dated

02.06.2014 ) vide which the Subordinate Courts have been directed to issue
Notice to the Indian Council for Child Welfare, Tamil Nadu to obtain the
assistance of such Agency in terms of Study Report.

 Order dated 05.12.2016 of Ld. District Judge, Purba Medinipur (West Bengal) in
Other Suit No.11/2016, directing the B.D.O., Contai Block-II to enquire as to the
identity, occupation and social status of the persons seeking the child in
adoption and the purpose of giving/taking the child in adoption and also girl
child is required to be obtained for proper adjudication of the suit and submit a
report by the next date.
Contd.
 Orders of Some Courts for Scrutiny Report in
Adoption Cases from External Agencies
(Indian Council for Child Welfare)
 List of 32 Adoption Cases from Hossur, Tamil Nadu are not being entertained
for filing in the Court of Ld. Principal District Judge, Krishnagiri District, Tamil
Nadu, without the DD in favour of ICCW, Tamil Nadu for Scrutiny Fee not being
enclosed to the Adoption Petitions.

 List of 43 In-country Adoption Cases pending in the District Court, Buldana

(Maharashtra) since long time due to the insistence for Adoption Scrutiny
Report from ICSW, Nagpur.

 Order dated 21.08.2014 of Ld. District Judge-IV, Pune (Maharashtra) in Misc.

(Civil) Appli. No.435/2014, directing the Adoptive Parents to pay Rs.1,000.00 to
Indian Council of Social Welfare as Adoption Scrutiny Expenses.
 PAPs/General Public/District Collector/CWC
Being Made Opposite Parties to Adoption
Cases
 Order dated 23.04.2016 of Ld. District Judge, Sambalpur (Odisha) in Civil Suit
(Adoption) No.20/2015, vide which the District Collector and the CWC,
Sambalpur have been made Opposite Parties to the Adoption Case.

 Order dated 31.05.2016 of Ld. District Judge, Dehradun (Uttarakhand) in Misc.

Case No.40/2016, vide which the Prospective Adoptive Parents (PAPs) and the
General Public have been made Opposite Parties to the Adoption Case.

 Order dated 25.01.2017 of Ld. District Judge, Gajapati, Paralakhemundi

(Odisha) in Adoption Misc. Case No.01/2017, directing the Advocate for the
Petitioner to add the District Magistrate and the CWC, Gajapati as Opposite
Parties to the Adoption Case.

 Order dated 04.03.2016 of Ld. Principal Magistrate, JJB, Ludhiana (Punjab) in

the Case No.G.W./07/2016, vide which the Prospective Adoptive Parents (PAPs)
have been made Opposite Parties to the Adoption Case.
 Order(s) of Court for DNA Test
of the Adopted Child
 Order dated 19.01.2017 of Principal Judge, Family Court, Chandouli (Uttar
Pradesh) in Child Adoption Application No.25/2016, directing the adoptive
parents to make DNA Test of the child, before his custody is given to them and
a copy of such Report to be submitted in the Court within one month, in order
to ensure identity of the child in case the return of the child to India is required
in future due to circumstances.
 Orders of Some Courts for Registration of
Adoption Deeds Despite Adoption Orders
Issued Under JJ Act
 Order dated 21.12.2016 [para 38(1)] of Ld. District Judge, Raigarh
(Chhattisgarh) in Misc. Civil Case No.75/2016, directing the adoptive parents to
execute Adoption Deed, despite the said Order being passed under JJ Act, 2015.

 Judgement dated 14.08.2013 of Hon’ble High Court of Bombay (Division Bench)

in Writ Petition No.1617/2013, vide which it has been observed that it is the
act of adoption and not an Adoption Deed which confers the status of an
adopted son. A perfectly valid adoption can be made without an Adoption
Deed (para 9) and the issuance of passport for the child could be made in
accordance of law, without insisting upon production of registered Adoption
Deed (para 13).
 Court Order(s) relating to Authentication of the
Documents of Prospective Adoptive Parents
(PAPs)
 Order dated 02.09.2016 of Hon‘ble High Court of Calcutta in C.O.
No.1639/2016, directing the Petitioner (PAPs) to file credentials regarding
themselves including their income through the Indian Counsel of that Country
and the same to come through the MEA, Union of India.

 The dated 29.04.2010 of Hon’ble Supreme Court of India in Crl.Misc. Petition

No.19152/2009 in Writ Petition (Crl.) No.1171 of 1982, vide which the Hon’ble
Apex Court has directed the Courts in India to accept the Documents executed
within the ambit of the Hague Apostile Convention, 1961, for purpose of
adoption.

Contd.
 Court Order(s) relating to Authentication of the
Documents of Prospective Adoptive Parents
(PAPs)
 Order dated 19.01.2017 of Principal Judge, Family Court, Chandouli (Uttar
Pradesh) in Child Adoption Application No.25/2016, directing the adoptive
parents to:
 send fresh photograph of the child Raju on the occasion of every birth day, so that identity of
the Child Raju could be proved.
 furnish an Undertaking after taking the child Raju in adoption to the effect that the child : Raju
will inherit all moveable and immovable properties as their inheritor as are available to their
biological children.
 furnish an Undertaking to the effect that the child : Raju will not be discriminated against on
the basis of his colour, race, birth place, language and religion.
 make sure that it will be the responsibility of the Adoptive Parents to ensure protection of the
child Raju from discrimination on the basis of colour.
 Misc. Orders of Some Courts Relating to
Adoption
 Order dated 22.04.2014 [ para 9 ] of Ld. District Judge, Family Court, Ernakulam
(Kerala) in O.P. No.554/2014, reflecting the Exhibit of Infertility Certificate
pertaining to the Petitioners (PAPs).

 Order dated 25.08.2015 (para 16) of Ld. ADJ, Puttur, Mangaluru (Karnataka)
reflecting the Adoption Petition being filed under Section 9(4) of HAMA read
with Section 41 of JJ Act, 2000.
 Some Progressive
Orders/Judgements
 Some Progressive Orders/Judgements

 Order dated 11.09.2012 of Hon’ble High Court of Orissa in W.P. (C)

No.29388/2011
 Para 7 vide which it has been ruled that law does not require any other Agency, be it the State
Council for Child Welfare or any other body, to have any say in regard to adoption, except the
Child Welfare Committee under the JJ Act.
 Para 11 vide which it has been observed that law is well settled that it is substance and not the
form which is to be looked into by a Court of Law while deciding any case and appropriate
relief to which a party may be entitled to, should not be withheld on the technical ground that
the nomenclature of an application has been made wrongly.

 Order dated 15.03.2017 of the Hon’ble High Court of Calcutta in C.O.

No.820/2017
 Para 4 vide which it has been observed that the District Judge does not exercise the plenary
authority as under GAWA, 1890 qua the child to be given in adoption. At any rate, the Court
does not continue to exercise jurisdiction over the child or the adoptive parent for an indefinite
period of time.

Contd.
 Some Progressive Orders/Judgements

 Judgement dated 4.4.2017 of Hon’ble Patna High Court, in Civil Misc.

Application No.395/2017, vide which it has been observed that This Court, after
quashing the impugned Order would have normally remanded the matter for
fresh consideration. However, after considering the submissions on behalf of
the Petitioner and keeping in view the avowed object underlined in the JJ Act,
2015 as well as Adoption Regulations, 2017 for adopting the child friendly
approach in the adjudication and disposal of the matter in the best interest of
children and for their rehabilitation through prescribed processes, this court is
of the well considered opinion that remanding the matter back for fresh
consideration before the Ld. Court below would not sub-serve the best interest
of the child… as it would deprive her the opportunity to grow under the loving
care and attention of the parents and to lead life basic human dignity.
 Fervent Request
 Delay in adoption order delays the right to family which every child
has.
 The adoption cases must be looked with sensitivity and accorded
due priority.
 Rules and Regulations must be followed in letter & spirit
 Timelines as stipulated must be strictly adhered to in the interests
of the children who can’t represent for themselves.
 My Name Is ‘TODAY’
We are guilty of many errors and many faults,
But our worst crime is abandoning the children;
Neglecting the fountain of life.
Many things we need can wait,
But the child cannot.
Right now is the time;
His bones are being formed,
His blood is being made,
His senses are being developed.

To him, we cannot answer, “Tomorrow”,

His name is “Today”.

- by Gabriel Mistral