Laws of adoption in India and

discuss the role of pediatrician in

adoption (5+5)

Dr. Sushma
 Definition
• Adoption is the act of lawfully assuming the parental rights
and responsibilities of a child under the age of 18

• Adopted children become full members of their adopted

family and have the same legal status as biological children

• The focus is now moving from ‘parent centred’ to ‘child

centred’ adoptions and from the concept of ‘child for a family’
to ‘family for a child’
 Types of adoption
 Open adoption
An open adoption involves some exchange of personal
information relevant to the child’s future well being, such as
medical history or financial status.

 Closed adoption
In a closed adoption, the biological parents and adoptive
parents do not exchange information or have any personal
contact.
 Hindu Adoption and Maintenance Act -
(HAMA), 1956
This Act covers Hindus, Buddhists, Jains or Sikhs

Some relevant parts of the Act are:

• Married couples or single adults can adopt;
• Legally the man adopts with the consent of his wife;
• A single man or woman can adopt;
• If a biological child already exists in the family, a child of the opposite sex has
to be adopted;
• Children adopted under this Act get the same legal rights as a biological child
might;
• Children under the age of 15 years can be adopted;
• A single man adopting a girl should be at least 21 years older than the child;
• A single woman adopting a boy should be at least 21 years older than the child
• Adoption under this act is irrevocable.
 The Guardians and Wards Act, 1890 (GWA)

The salient points of this Act are:

• The parent adopting is a ‘guardian’ and the child is a ‘ward’, meaning that
the same rights of a biological child aren’t inherent;
• Anyone under the age of 18 years can be a ward;
• The guardianship can be revoked by the courts or by the guardian;
• A will is required for any property/goods to be bequeathed to the child;
• This will can be legally contested by ‘blood’ relatives;
• Both spouses can legally be guardians (versus HAMA where the man
adopts with the consent of his wife); Single people can adopt without any
age difference restrictions.
 The Juvenile Justice (Care and Protection) Act of 2000,
amended in 2006 (JJ Act)

There was the need for a law that would allow children the same rights,
whether they were adopted or biological and for a law that delinked adoption
from the religion of the adoptive parents.
The main strengths of this Act are:
• Any Indian citizen can adopt a child who is legally free for adoption;
• The adoptee gets the same rights that a biological child might;
• The religion of the adoptive parent(s) is not relevant;
• Single people can adopt;
• The adoption is irrevocable;
• Some time limits have been set to ensure that children are considered
legally free for adoption earlier; and
• The thrust is on the best interest of the child.
 International Adoption

• Indian citizens, non-resident Indians and non-Indians residing outside

India can adopt a child from India

• As per the guidelines- The Supreme Court in its landmark judgement of

1984 has laid down firm procedures, that every destitute child who is
free for adoption should be first offered for adoption to Indian parents and
only then considered for foreign adoption.
 Role of Pediatrician

 Counsel and teach the parents about the process of adoption in a

supporting and understanding attitude

 complete medical re-examination to reassure about the child’s

health and developmental status.
 Anthropometry , immunization status
 Investigations- CBC, chest x ray, LFT , RFT , urine and stool analysis
 USG abdomen, ECHO,serology for HIV, HbSAg, thyroid screening,
 Special tests for hemolytic anemia, IEM, chromosomal anomalies
depending on history and examination
 Ensure that diseases with window period (HIV,Hepatitis B) are
repeated at 3 and 6 months before placement
Follow up ad post adoption counselling-
Nutritional status, immunization, growth and
development.
Parents who wish to relinquish their children
due to any reason should be counselled about
the correct procedure, so that children are not
left in public places which may be unsafe and
traumatizing.
 Adoption Procedure
 Contact a child welfare agency
 The Child Welfare Agency will depute their social worker for a home visit to
conduct a study about the family to decide the suitability for placement of a child
 The agency will then identify a suitable and compatible child
 The agency, thereafter, will make available particulars of the child (known as child
study report) for the approval and acceptance
 Once the parents like to adopt the child, All relevant documents, the child study
report, home study report, letter of acceptance of the child etc., will then have to
be filed along with proper application in the court for seeking permission of the
court to adopt that particular child.
 The case will then be referred to the scrutinizing agency i.e., Indian Council for
Child Welfare or Indian Council of Social Welfare by the court.
 Order would be issued by the court granting you permission to adopt the child.
Thereafter, a deed of adoption will be executed and the child will thus be legally
adopted.
 Adoption vs Foster care

Adoption differs from foster care, a situation in which a child is temporarily placed
with a foster family.
An adopted child becomes a permanent member of the new family, with all the
rights and privileges of a biological child, including the right of inheritance.
Foster care is designed to provide temporary care for children by child welfare
agencies.
Some of these children are voluntarily placed in foster care when circumstances,
such as a serious illness, prevent their parents from caring for them.
In cases of child abuse or neglect, social service agencies may remove children
involuntarily and place them with foster parents. Most foster placements are
made with the intention of re-uniting the biological family at a later time.
Agencies also place children in foster care while searching for adoptive parents.
Families wishing to adopt a child sometimes serve as foster parents for the child
until the adoption can be completed.
Thank you