CHAPTER1

CHAPTER –III
LAWS PROTECTING CHILDREN IN INDIA

3.1 INTRODUCTION:
Children used to be placed for adoption by institutions regardless of whether they had
been victims of abuse, neglect, or terrible living conditions. We had to take the infant
out of his usual setting because of the operation. There has been a recent uptick in the
use of non-traditional service providers. These past few decades have seen a dramatic
increase in the impact that a child's family has on their physical, mental, emotional,
and social development. Institutionalisation should be considered as a possibility for
crisis-affected children because it safeguards their right to family. 1A child's family
unquestionably plays a pivotal role in shaping their maturation and progress. The
strength of a family is a collective effort of all its members. Caring individuals must
provide extra assistance to children from low-income families. Although there have
been many changes to the Indian adoption procedure over the years, the end goal of
putting the child in a foster home remains the same. In the past, parent-oriented
adoption was primarily motivated by the needs of the parents. A common ancestry
was shared by just a tiny percentage of adopted people. 2The 1960s saw a shift away
from institutional care, which gave low-income families, particularly those without
parents, more options. Thinking about what's socially acceptable, legally feasible, and
practically feasible yields a plethora of choices. Adoption is the best option for a child
when one parent dies. A number of agencies that helped families find adoptive parents
outside of their immediate family sprang up in the 1970s. In order to keep the child
secure, everyone involved in the adoption, care, or protection of the child must adhere
to these standards. Even if these restrictions are valid, most people choose to ignore
them. The current procedure is not applicable in India because it does not adhere to the
international standard. Children are not getting the help they need, and the fact that
international adoption agencies are multiplying by exploiting legal loopholes is more
proof of that. There are 1,991 kids up for adoption, 1,322 of them are female. The
need for families willing to adopt has also increased dramatically during the past few
1
Article 9 of the United Nations Convention on the Rights of the Child states that the child should be ideally
brought up in a family environment that is secure, nurturing and protects its rights.
2
Article 3(1), Convention on Rights of the Child, 1989 provides: “In all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration
years. This issue arose because a large number of daycares did not properly assign
responsibility for the adoption funds. Reports from the Adoption Resource
Information and Guidance System indicate that only approximately 10% of youngsters
are truly ready to be adopted. In order to conceal the fact that they sell children to
unreliable families overseas, "baby shopping" occurs when dubious adoption agencies
utilise fake documents. The adopted children are treated like property and their
welfare is of the utmost importance to them. Adoptive parents from India could have
unique needs that differ from those of adoptive parents from other nations. It is highly
unusual for adoption agencies to approach parents in India with the prospect of
adoption. At this time, legislators have not overwhelmingly backed any measure. A lot
of people have always been curious about the ancient Hindu practice of acceptance as
a means of atonement. Research on adoptions has been conducted on a global and
national scale by researchers due to the abundance of legislation pertaining to adoption
in this chapter.
3.2 IMPORTANCE OF CHILDREN AND THEIR RIGHTS:

People often use the term "natural rights" to refer to the belief that every person has
unique and admirable characteristics that should be honoured and valued. Neither the
legislative nor the executive branch has the power to remove a provision from the
Constitution. The innocence, simplicity, and ability for unconditional love exhibited
by children make them ideal role models for many. 3Their love is plain to see since the
writers have portrayed them as a manifestation of God's desire. Child exploitation and
sexual abuse have persisted for as long as there have been humans. In comparison to
adults, children have a higher risk of becoming victims of abuse due to a number of
factors, one of which is their heightened physiological and psychological
vulnerability. This points to the possibility of continuous surveillance of youths. That
children lack the cognitive capacity to discern right from wrong is a central tenet of
many traditional faiths. Due to this, they ought not to face punishment. The right to
legal protection for children has evolved over the last two centuries, paralleling the
rise of women's rights and industrialisation. The abolition of child labour laws in the
early 1800s was a watershed moment in the history of the industrial revolution. The
growing independence of women allowed fathers to have complete control over their
3
Frontline, June 3,2005, at P 4
children's life. The authorities were able to step in and make sure the kids were safe
because of this. The necessity to increase their efforts to protect children and ensure
they got the help they needed was recognised by multiple groups. There are a number
of laws, programs, regulations, and norms in place to address this problem.
3.3 INTERNATIONAL INSTRUMENTS THAT DEALS WITH

ADOPTION:
When it comes to international politics, the millennial age is unparalleled. In order for
an international adoption to happen, neither the child's nor the adoptive parents'
nationality is necessary. No child should have to choose between having a healthy and
happy childhood because of their family's financial situation, religious beliefs, cultural
background, or ethnic origin. Many countries, notably the United States and the
European Union, are severely lacking in competent young people. In nations where
adoption is common, finding a willing parent is usually not hard. State statutes provide
numerous procedures for adoption. The adoption policies of different countries must
be compatible with one other, nevertheless, because of numerous international
agreements. Several international treaties stress the importance of caring for and
protecting vulnerable people, including the need to provide children with proper legal
protection. To fully grasp global adoption tools, you must have the following
information: 4
An organization's or a nation's charter is a formal document that defines the group's or
nation's rights. Such papers are typically created by royal decree or statute.
c) Statements are delivered with an air of stern authority.
d) The law recognises and enforces contractual agreements between two or more
parties to do an act, stop from doing an action, or declare certain facts. Another kind of
agreement is the serious promise not to do something else.
At conventions, people from all over the world get together to solve international
problems. There are fewer formalities, yet it is still an improvement over the treaty.
The United Nations Charter, Section 3.3.1, 1945
4
B.P. Singh: Human Rights in India, (Deep and Deep Publications , Delhi , 2001) at P183
Article 55 with a view to the creation of condition of stability and well-being which are necessary for peaceful
and friendly relations among Nations based on respect for the principle of equal rights and self-determination of
peoples, the United Nation.
Imagine a world where everyone has a fair shot at achieving material and social
success, living in communities free from violence, getting the employment of their
dreams, etc.
a) Using artistic and intellectual endeavours to advance economic equity, social

fairness, and ecological sustainability.
c) No one's gender, colour, age, religion, or sexual orientation should ever stand in the
way of their pursuit of happiness or their ability to exercise their fundamental liberty. 5
The 1948 Declaration on the Rights of Man (3.3.2)
3.3.2 Universal Declaration of Human Rights 1948:

One of the most fundamental human rights guaranteed by the Universal Declaration of
Human Rights is the right to exist, along with the right to be free from persecution and
to get medical treatment. Particularly vulnerable are children and women. The right to
exist and the right to live in safety are fundamental human rights guaranteed by Article
3. Kids are also a part of this. Everyone should trust their government to provide for
their basic needs and those of their families in terms of social progress, cultural
enrichment, and economic stability. It is crucial to be gentle with a baby when they are
still a baby and in their early years. The amount of social security benefits received by
children of married parents is not affected by the marital status of the parents. A
quality education ought to be within everyone's financial reach. The first few sessions
are free of charge. We should invest heavily in primary education. Although getting
into college would be a huge challenge, everyone would have access to free technical
and professional training.6 All educational efforts should revolve around promoting
human rights, basic freedoms, and the full personal development of every individual.
Knowledge, tolerance, friendliness, and decency are more important to us than your
race, religion, nationality, or membership with any particular belief. The educational
5
Article 55 (A) of United Nation Charter,1945
6
Article 22 of UDHR,1948
decisions for their own children are already entirely within the purview of the parents.
The following is set forth in Article III.3.3 of the Economic, Social, and Cultural
Rights Pact of 1966: 7
According to the International Covenant on Economic, Social, and Cultural Rights
(Articles 9 and 10), social security was recognised as a fundamental human right in
1966. We owe it to the children who depend on them and to society as a whole to
show the greatest reverence and support for families. Neither party can get married
until they are of legal marriageable age. Mothers need special attention for a long time
before and after giving birth. Working women should be able to access paid vacation
and social security benefits in this situation. 8Specialised safety and aid programs
shouldn't be out of reach for any kid or teen just because their parents can't afford
them. There must be an urgent end to the economic and social exploitation of youth.
Workers shouldn't be required to exert any effort if doing so could put their health,
growth, or safety at risk. It is morally wrong and illegal to employ anyone under a
specific age, hence states should take the necessary steps to end this practice.
crisis-affected children because it safeguards their right to family. 9A child's family
was shared by just a tiny percentage of adopted people. The 1960s saw a shift away
7
Article 55(B) of United Nation Charter,1945
8
Article 25(2) of UDHR,1948
9
Article 26(2) of UDHR,1948
in this chapter.
3.3.3 International Covenant on Economic, Social and Cultural
Rights, 1966:
crisis-affected children because it safeguards their right to family. A child's family
was shared by just a tiny percentage of adopted people. The 1960s saw a shift away
in this chapter.
What is the level of importance of children's rights?

People often use the term "natural rights" to refer to the belief that every person has
unique and admirable characteristics that should be honoured and valued. Neither the
legislative nor the executive branch has the power to remove a provision from the
Constitution. The innocence, simplicity, and ability for unconditional love exhibited
by children make them ideal role models for many. Their love is plain to see since the
writers have portrayed them as a manifestation of God's desire. Child exploitation and
sexual abuse have persisted for as long as there have been humans. In comparison to
adults, children have a higher risk of becoming victims of abuse due to a number of
factors, one of which is their heightened physiological and psychological
vulnerability. This points to the possibility of continuous surveillance of youths. That
children lack the cognitive capacity to discern right from wrong is a central tenet of
many traditional faiths. Due to this, they ought not to face punishment. The right to
legal protection for children has evolved over the last two centuries, paralleling the
rise of women's rights and industrialisation. The abolition of child labour laws in the
early 1800s was a watershed moment in the history of the industrial revolution. 10 The
growing independence of women allowed fathers to have complete control over their
children's life. The authorities were able to step in and make sure the kids were safe
10
Article 9 recognizes the right of everyone to social security including social insurance.
because of this. The necessity to increase their efforts to protect children and ensure
they got the help they needed was recognised by multiple groups. There are a number
of laws, programs, regulations, and norms in place to address this problem. 11
3.3.4 International Covenant on Civil and Political Rights, 1966:

When it comes to international politics, the millennial age is unparalleled. In order for
an international adoption to happen, neither the child's nor the adoptive parents'
nationality is necessary. No child should have to choose between having a healthy and
happy childhood because of their family's financial situation, religious beliefs, cultural
background, or ethnic origin. Many countries, notably the United States and the
European Union, are severely lacking in competent young people. In nations where
adoption is common, finding a willing parent is usually not hard. State statutes provide
numerous procedures for adoption. The adoption policies of different countries must
be compatible with one other, nevertheless, because of numerous international
agreements. Several international treaties stress the importance of caring for and
protecting vulnerable people, including the need to provide children with proper legal
protection. To fully grasp global adoption tools, you must have the following
information: 12
An organization's or a nation's charter is a formal document that defines the group's or

nation's rights. Such papers are typically created by royal decree or statute.
c) Statements are delivered with an air of stern authori

d) The law recognises and enforces contractual agreements between two or more
parties to do an act, stop from doing an action, or declare certain facts. Another kind of
agreement is the serious promise not to do something else.
At conventions, people from all over the world get together to solve international
problems. There are fewer formalities, yet it is still an improvement over the treaty.
11
Article 26(3). Of UDHR,1948
12
State parties to the present covenant shall take appropriate steps to ensure equality of rights and
responsibilities of spouses as to marriage, during marriage and at its dissolution
The United Nations Charter, Section 3.3.1, 1945
Imagine a world where everyone has a fair shot at achieving material and social
success, living in communities free from violence, getting the employment of their
dreams, etc.
a) Using artistic and intellectual endeavours to advance economic equity, social

fairness, and ecological sustainability. 13
c) No one's gender, colour, age, religion, or sexual orientation should ever stand in the
way of their pursuit of happiness or their ability to exercise their fundamental liberty.
The 1948 Declaration on the Rights of Man (3.3.2)
One of the most fundamental human rights guaranteed by the Universal Declaration of
Human Rights is the right to exist, along with the right to be free from persecution and
to get medical treatment. Particularly vulnerable are children and women. The right to
exist and the right to live in safety are fundamental human rights guaranteed by Article
3. Kids are also a part of this. Everyone should trust their government to provide for
their basic needs and those of their families in terms of social progress, cultural
enrichment, and economic stability. It is crucial to be gentle with a baby when they are
still a baby and in their early years. The amount of social security benefits received by
children of married parents is not affected by the marital status of the parents. A
13
Article 24(1) of Civil and political rights 1966
quality education ought to be within everyone's financial reach. The first few sessions
are free of charge. We should invest heavily in primary education. Although getting
into college would be a huge challenge, everyone would have access to free technical
and professional training. All educational efforts should revolve around promoting
human rights, basic freedoms, and the full personal development of every individual.
Knowledge, tolerance, friendliness, and decency are more important to us than your
race, religion, nationality, or membership with any particular belief. The educational
decisions for their own children are already entirely within the purview of the parents.
3.3.5 European Convention for the Protection of Human Rights and

fundamental freedom, 1950
In place of Articles 21(A) and 51A(K), this revised version makes use of Article 45.
Articles 21(A) and 51A(K) impose a state obligation to guarantee that children attend
class, but it is the parents' responsibility to do so. The educational system has been
regulated by the 42nd Amendment to the Constitution since its enactment in 1976.
National legislation should address this, according to the 165th Report of the Indian
Law Commission. Schedule VII's concurrent list now includes the subject of
education. The Concurrent List's educational programs gain from the states'
inadequate policies in the end. Working with children when they are still developing
and learning is a violation of their constitutional rights. All children are required to
attend a free and mandatory school until they reach the age of fourteen, as stated in
Article 45. Because a child's aspirations for the future are influenced by their family's
financial situation, this paragraph argues that all children should stay in school until
they are fourteen years old. In line with Article 44 of the Indian Constitution, the
government has pledged to provide its inhabitants with a Uniform Civil Code. The
rules governing all aspects of legal relationships were the same when this article was
passed in 1949, with the exception of cases when the separate personal laws applied.
Civil procedure, arbitration, sale of products, partnerships, corporations, transfer of
property, criminal prosecutions, and criminal prohibitions are just a few of the many
subjects covered by universal civil laws. While discussing the proposed Article 35 in
the Constituent Assembly, Dr. B.R. Ambedkar noted that marriage and adoption were
the only sectors without a universal civil code. The founders of our nation's
constitution included Article 44 to specifically deal with this matter. It is highly
probable that Article 44 was only intended to deal with the numerous personal laws,
given that universal civil norms have previously dealt with every other sector. This
argument seems to be arguing that the founders did not establish our many religiously-
based personal standards, rather than the other way around. 14
3.3.6 American Convention on Human Rights, 1969:
The Indian Supreme Court ruled in the case Saral Mudgal v. Union of India that a
single framework is necessary for all civil law matters, such as marriage, adoption,
succession, and others. The court has decided against taking any action that would
violate the rights of individuals to practise their religion. The supremacy of a single
civil code over legislation has been established by the court, notwithstanding the fact
that personal law has traditionally been grounded in religious beliefs.
3.3.7 Geneva Declaration on the Rights of Child, 1956:
Regardless of the validity of Justice R.M. Sahai's arguments, they will be meaningless
unless powerful individuals encourage a leadership style that puts the common good
ahead of individual gain and encourages followers to embrace change. While he
agrees that a Uniform Civil Code would be a good idea in theory, he believes we
should wait before implementing one and instead have the Law Commission evaluate
the proposal with possible backing from the Minorities Commission. A civilised
society does not need a link between religious law and secular personal law. We can
achieve our aim of national unity much more quickly if we harmonise our civil code to
ensure it does not discriminate based on religion. Article 246 and item 5 of Schedule
VII's concurrent list both deal with the rights of children, adoption, and newborns in
India's constitution.
Everyone is welcome to utilise a statute that the Hindu Adoption and Maintenance
Board adopted in 1956. Jainism, Buddhism, Sikhism, and Hinduism are among the
faiths that are welcome at this house of worship. Adoption and maintenance
regulations are updated and clarified by a statute that applies to all situations. The Act
shall be assumed to have superseded all prior adoption laws and other relevant Hindu
14
Article 26 all persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. The law shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground, such as race, colour, sex, language, religion, political or other
opinion , national or social origin, property, birth or other status.
texts, regulations, legal interpretations, traditions, and usages upon its effective date.
This is because the adoption statute has a profound impact on Hindu law. The
adoption system is a classic case of powerful interests utilising legislation to serve
their own financial goals. Adoptive parents are not have to be sterile in order to have a
child. For Hindu society, the concept was beginning to click. They missed having a
biological son and hoped for an adopted son to take his place. It was easy to see how
people may mistake an adopted child for a biological son given the abundance of
information that was easily accessible. 15
The Hindu Adoption and Maintenance Act and Its Regulations of 1956, section 3.4.3,
gives a synopsis of the legislation.
To adopt a kid, one must have the emotional and physical capacity to care for a child.
Adopted minors of legal age are the only ones who can do this.
Thirdly, the kid has to be of legal adoptionable age.
The adoption can only be considered valid if all of the following conditions are met.
Physical handoffs and receivings are mandated by law as an essential component of
the adoption process. The legal obligations that come with an adopted child's status
cannot be evaded after the adoption is finalised, and there is no proof that this helps.
These conditions must be fulfilled before this Act may approve an adoption.
Potential Adopted Individuals (3.2.4):
Both the biological parents and the intended parents must meet certain legal
requirements before an adoption may be officially recognised. 16
15
Principle 1 of the Declaration of the rights of the child: every child , without any exception whatsoever’, shall
be entitled to these rights, without distinction or discrimination on account of race, colour , sex, language,
religion, political or other opinion, national or social origin , property, birth or other status, whether of himself
or of his family.
16
Rights of the family: The family is the natural and fundamental group unit of society and is entitled to
protection by society and the state, the right of men and women of marriageable age to marry and to raise a
The ability of Hindu men to embrace
An adult male Hindu who is not a minor and mentally competent can adopt a kid, but
the child must be at least twenty-one years old when formally separated from their
adoptive parents. Because of their intrinsic illegitimacy, Hindu male adoptions cannot
be "legitimised" by acceptance alone. If it is feasible, the Act requires him to readopt
the child once he reaches the age of majority. What an adoptive parent does and what
a crazy individual doing irrational things are very different. The requirement for proof
of a mental disorder on the day of the adoption makes this ground for opposition to an
adoption extremely unusual, making it a very difficult one to pursue. The
overwhelming presumption in favour of sanity means that adoptive parents do not
need a psychic reading to certify that they are taking in a boy. The ability to think
critically is also essential. Having revealed the adoptive father's psychopathology, the
onus of proof is now on him. A parent may consider adopting a younger sibling if they
observe their lone kid is isolating himself from others. The ability to adopt a son is
unaffected by the presence or absence of legal paternity in a child's birth family. The
adoptive father can still adopt a son, even if the biological mother has 94 objections to
the adoption and is pregnant when it is finalised. As long as the birth mother agrees, a
Hindu man can adopt a child without regard to the child's financial situation. Your
approval is not required for this. It shouldn't be too difficult to obtain the necessary
licenses, considering the specifics of the situation. The bride frequently plays a
significant role in the festivities preceding the adoption ceremony. The permit can be
cancelled if the lady dies or is declared mentally unable by a competent court. If the
woman's feelings about her Hindu identity alter, this can happen. The Hindu Adoption
and Maintenance Act of 1956 removed the previous requirement that a Hindu man's
two wives give their consent for him to adopt a child. A woman's permission is not
required if she is unable to provide informed consent due to a mental or physical
disability. Article 14 of the Constitution of India states that a permission from one
family shall be recognized, further it ensure that equal rights and responsibilities are assigned to spouses as to
marriage and during marriage
spouse does not amount to a breach.
Important Steps in the Adoption Process (3.4.15)

It is explicitly forbidden to give financial aid for an adoption according to the Health
and Medicare Act of 1956. When a grown-up gains material or other advantages from
taking a youngster into their care, this is called child trafficking. 17 It is absolutely
banned to engage in any behaviour that could lead either the one providing or
receiving the help to breach the provisions of the Adoption and Children's Rights Act.
Because it is against the law, the courts would declare such an agreement to be invalid.
Nowadays, it's a crime to receive or give anything of value; offenders face a fine, six
months in jail, or both. The filing of charges for this type of offence still requires the
approval of the state. The guardian cannot gain financially by placing their ward for
adoption; the placement must be approved by the court for the adoption to be valid.
The court will consider the guardian's prospective financial gain when making an
adoption approval decision. On the other hand, the court has discretion over rewards
and sanctions. The orphanage can request a little donation from the adoptive family,
for instance. These contributions pay for the day-to-day running costs as well as the
spiritual and physical upkeep of the facilities. No amount of money may be given or
received in relation to adoption, according to the Hindu Adoption and Maintenance
Act. 18
It was in 1890 that the Guardians and Wards Act imposed the following restrictions on
adoption:
The Guardians and Wards Act affects all individuals, irrespective of their religious
affiliation, in matters of guardianship and child custody. A court can appoint a
guardian to step in when a minor's natural parents cannot provide for them or when the
parents' interests conflict with the minor's. A reasonable order under this Act cannot be
obtained without proof of the minor's well-being. Beyond a basic court order, this act
broadens the meaning of a decree. The de facto guardian of a monarchy can be
removed and replaced by the Parent Patriea, who is appointed by the monarchy's
17
Principle 4: The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in
health; to this end, special care and protection shall be provided both to him and to his
18
It was in commemoration of the 21st anniversary of the declaration of the Rights of the Child 1959, that 1979
was designated as the International year of the Child. As part of this celebration, Poland proposed that an
international treaty be drafted which would put into legally binding language the principles set for the in the
1959 declaration. The working group established by the commission in 1979 completed its first draft of the
convention in February 1988.
court. For this reason, he would have been an ideal babysitter. Judgement about
guardianship responsibilities was reached during legislative and historical processes.
This judicial duty is commonly referred to as paternal jurisdiction in modern times. Do
not procrastinate in providing this crucial assignment with your complete focus.
Deliberating jurors would do well to familiarise themselves with the applicable laws
and the minors seeking guardianship before the trial begins. Magistrate and judge
cases involving children or their guardians demand extreme caution. The guardianship
processes will continue so long as the child is a minor. When a minor turns 18, the
guardianship is no longer in effect. When it comes to child custody, this law solely
discusses the age of majority. The rules appear to be quite straightforward in cases
involving child custody disputes. Until there is indisputable proof that he is unable to
care for his children, a father has the right to custody. Decisions should always
prioritise a minor's care and best interests, as is universally acknowledged. The court
will give extra weight to a ruling that could negatively impact a youngster. The
welfare of the kid should be the deciding factor in a custody case.
As a result of the Guardianship Act of 1956, Section 3.4.17.17 of the Code Guarantees
the Safety of Hindu Minorities
A guardian can be appointed in accordance with this act in three ways: by descent, by
will, or by court intervention. The adoptive father takes on the role of legal guardian
for an adopted minor son, just like the adoptive mother did.
3.3.8 Convention on the Rights of Child, 1989:

Regardless matter who has the legal right to custody, the children's needs must come
first. No one can ever justify using children for their own benefit. Custody of a kid can
be granted to an uncle or stepuncle if the father dies, or to a son of another person who
shares a mother but a different father. When the kids told their stepuncle that being
with their true uncle was all they wanted, it was an honest statement. Witnesses and
the lawyer representing the other side were conspicuously absent from the site. The
stepuncle lacks the legal capacity to be designated as the custodian of the physical and
immaterial possessions of the minors. A minor's age, level of education, financial
stability, moral character, social standing, desires, and inherent love and affection are
among the many aspects that influence their well-being. It is difficult to see a court's
decision as unfair or unlawful when, after reviewing all pertinent considerations, the
court determines that placing the kid with the father is in the child's best interests. The
process by which paternity is determined in a court of law
3.3.9 Hague Convention on Protection of Children and Cooperation in

respect of Inter country Adoption 1993:
According to the Juvenile Justice (Care and Protection of Children) Act, 2015, this
was required as part of the 2017 Adoption Regulations, specifically Section 3.4.18%.
There are numerous subjects addressed by the Juvenile Justice (Care and Protection of
Children) Act, 2015, one of which is the adoption of children who have been
abandoned, orphaned, or otherwise given up. Adopting these kids is consistent with
the belief that all disadvantaged kids should have a safe place to call home. The
Juvenile Justice Act affects everyone, yet it helps no political party. Adoptions that
follow the rules set out under the Hindu Adoption and Maintenance Act, 1956 are
exempt. 19
At all times, the well-being and security of the child must be prioritised in the
adoption process. Secondly, ideally, the youngster would reside with an Indian citizen
parent or guardian. This is a wonderful chance for the kid to learn about and
experience Indian culture firsthand.
While CARA will ensure that no one is privy to the details of any given adoption, the
Child Adoption Resource Information and Guidance System will maintain tabs on all
adoptions.
4. For kids who have experienced heartbreak due to rejection, abandonment, or just
plain giving up, adoption can be a saviour. 20
3.3.10 Significance and Relevance of the Hague Convention to India:
Criteria for Prospective Adoptive Parents Section 3.4.2

19
This conference was convened at The Hague on 10th March 1993 at the invitation of the government or
Netherland and was attended by government delegates of nearly sixty – nine countries including India. At the
conclusion of the seventeenth session of the Hague Conference the participating states adopted the final text of
the subject convention.
20
Traffic in human being means selling and buying women and children like goods and includes immoral traffic
in women and children for immoral or other purposes.
In order to initiate the adoption procedure, prospective parents must fulfil the
following criteria:
The mental, emotional, and physical well-being of any prospective adoptive parents
must be paramount.
Only when everyone involved is financially stable should the adoption move forward.
Until the approval of both parties is obtained, the adoption cannot be formalised.
Adopting any number of boys is within the purview of a single lady.
And lastly, no single man may legally adopt a female.
You must have been married for a minimum of two years.
7) They have an impeccable record, free of any criminal convictions.
Both the parents' and the child's ages should be considered.
Anyone can still apply to adopt a child even if they live in a shared house.
The couple can have up to three biological children, but they can adopt up to two more
on rare occasions.
Prior to any following children, including siblings, being considered for adoption, the
adoption of the first child must be finalised. 21
3.4 NATIONAL INSTRUMENTS DEALS WITH ADOPTION:
3.4.1 Constitution of India
When most people think of poor nations, India is the one that usually comes to mind.
In 1600, merchants sent by the East India Company reached India. A Royal Charter
was granted to the Company in December 1600, outlining its structure, powers, and
privileges. Facilitating trade with East Asian nations, particularly India, was the only
objective of the royal charter. Following the 1858 ouster of the East India Company
by the British Parliament, the crown assumed dominion over India. The British
Empire in India came to an end in 1947 when the nation declared its independence
from Britain. But it wasn't the primary goal. British India's political climate was
steadily improved over time by a string of Acts passed by the British government.
Several statutes were passed by the Indian government between 1861 and 1919, and
21
Article 39(f) was modifies by the Constitution by 42nd amendment Act, 1976 with a view to emphasize the
constructive role of the state with regard to children
again between 1935 and 1947. It was a watershed moment on the long and arduous
journey towards a democratic nation founded on liberty, equality, justice, fraternity,
and equality.22 We need to change the Constitution so it can serve as a national
blueprint if we want to implement these goals. As soon as it gained its freedom, India
began working on a new constitution. The Cabinet Mission Plan included the
establishment and ratification of the Constitution of India by the Constituent
Assembly, the highest legislative body in India. Laws passed at the national or state
level cannot be enforced if they are in conflict with basic values. Three hundred
million people would band together if this happened. People began to argue with one
another. 23The made-up characters differed greatly from one another in many ways,
including language, culture, religion, behaviour, lifestyle, etc. There is an absolute
assurance of safety for indigenous peoples, people of colour, the working class, and
their land. Despite India's more homogeneous population, the country's constitution
nonetheless takes into account the opinions and concerns of every individual. In the
case of Dr. B. R. Ambedkar, the Constituent Assembly and the Draughting Committee
were both touched by his impact and significance. He used his extensive knowledge
and excellent public speaking abilities to address numerous constitutional concerns
with passion and candour. The crowd was grateful for his kind leadership in
responding to their questions, which he did with reassuring and convincing answers.
When he was chair of the draughting committee, he pushed for more teamwork to
solve problems. He said that I had done nothing more than go along with the flow.
After hearing the member of the draughts committee criticise them for being too
dependent on the 1935 Act and saying, "There is nothing to be ashamed of
borrowing," he fired back. There is no copyright infringement because most of the
extracts are about administrative matters. At a packed house, prominent constitutional
law experts paid tribute to Dr. B. R. Ambedkar for his work on India's constitution.
Dr. Rajendra Prasad, the chairman of the Draughting Committee, praised Dr.
Ambedkar for his positive attitude and extensive labour. Notably, adoption is not
addressed in any way in the Indian Constitution. The children's social security is
enhanced in other ways, though. Every person should be able to meet their most
22
Article 28 of the Convention; The Convention does not affect any law of a State of origin which requires that
the adoption of a child habitually resident within that State take place in that State or which prohibits the child's
placement in, or transfer to, the receiving State prior to adoption
23
Article 20; The Central Authorities shall keep each other informed about the adoption process and the
measures taken to complete it, as well as about the progress of the placement if a probationary period is required
fundamental needs, including food, clothing, housing, healthcare, and social services;
every pregnant woman and her child should be eligible for supplementary aid; and
every person should be able to earn a minimum wage that guarantees their family's
safety and well-being. 24According to Article 21 of the Indian Constitution, the proper
procedures must be followed before a person's life or liberty can be taken away. The
right to equal social protection for all children is guaranteed by Bhagawati, J., and
Article 21 of "the procedural magna carta protective of life and liberty." This right
does not depend on the marital status of the parents. Freedom of speech, the most
progressive and inherent guarantee in our constitution, is the bedrock upon which our
legal system is based. Despite the lack of legal protection, marriage and adoption are
nonetheless components of the right to exist. Everyone, even the state, has the
unalienable right to life, liberty, and the pursuit of happiness within the bounds set by
the law. As this comment demonstrates, every child is deserving of a dignified life. To
add insult to injury, selling to beggars or anybody else forced to labour is absolutely
banned under Article 23 of the Constitution. This article covers all forms of forced
labour because they all violate basic human rights and degrade human dignity.
Abolishing slavery and forced labour is the right thing to do because of how awful
they are. It is against the law to engage a child in a hazardous occupation, such
manufacturing, as stated in Article 24 of the Constitution. Raising public health and
safety and improving children's quality of life are two clear advantages of this product.
The most valuable resource of any nation are its children and grandchildren. No one
should have to engage in risky behaviour just because they can't afford to. Article 39
of the Constitution states that the state shall provide for the safety of its citizens,
especially children, and shall take measures to safeguard them against exploitation.
Given how obviously terrible it is for them, it could be taken as a plea. Beggars are
subject to the specific legal codes of each Indian state. Reducing children's begging is
one of these strategies, along with direct and indirect management.
Age criteria of child and Prospective adoptive parents:
24
P.M. Bakshi : “The Constitutional Law of India” ( Universal Law Publication, Lexis Nexis,2016) at P 15
The minimum age difference between the child and either of the prospective
adoptive parents should not be less than twenty five years.
Who are the children eligible for adoption in inter country and in country
adoption: The following shall be eligible for adoption, namely:-
a) Any orphan
b) abandoned
c) Surrender child, declared legally free for adoption by the Child Welfare
committee
d) A child of relative
e) Child or children of spouse from earlier marriage, surrendered by the
biological parent(s) for adoption by the step parent
f) A child up to the age of eighteen years can be adopted
g) Special need child
One of the very important conditions for adoption is child should legally free for
adoption. So illegitimacy of the child is neither a pre-requisite nor eligibility for
the adoption.
1. Prospective adoptive parents should be physically fit.
Chart: III.2.
The process for declaring a child legally free for adoption as follows:
orphan or abandoned child to be produced before the case within 24 hours along with
the facts and circumstanes in which the child found the specilaised adoption agency.
The copy of the same for the submitted to the local police stateion by theSpecialsied
Adoption Agency within 24 hours
Child Welfare Committee can issued an interim case order to SAA regardig to keep the
child pending inquiry
District Child Protetion Unit to advertised the details of the child within 3 working
days in local newspaper to trace out the biologial parent or guardian of the child
District Child Protection Unit cant trace out the biological parent submit the report to
the Child Welfare Committee within 30 days
After 30 days Child Welfare Commiittee declare the child is legally free for adoption
The above chart shows that, In case an orphan or abandoned child is received by a
Specialized Adoption Agency directly without the involvement of Child Welfare Committee,
such a child shall be produced before the Child Welfare Committee within twenty four hours
along with a report containing the particulars and photograph of the child as well as the
circumstances in which the child was received and a copy of the same shall also be submitted
by the Specialized Adoption Agency to the local police station within same period. Then the
interim care order passed by child welfare committee to specialize adoption agency to keep
the child till the inquiry pending. It is the duty of the District Child Protection Unit to take
necessary steps to tracing out the biological parents or the legal guardian(s) through
advertising the particulars and photograph of the child in state level newspaper within
seventy two hours (3 days) from the time of receiving the child. Despite of all efforts made
by the District Child Protection Unit fails to trace the biological parent or guardian of the
child should submit the report to the Child Welfare Committee within thirty days
from the date of production of the child before the Child Welfare Committee. The
specialized adoption agency shall submit a report to the Child Welfare Committee
immediately after thirty days form the date of production of the child before the
child welfare committee as to whether any person has approached it to claim the
child and the report may also include any information revealed by the child during
his interim care. After receipt of this information from the specialize adoption
agency, District Child Protection Unit and local police station , then the Child
Welfare Committee issue an order declaring such child is legally free for adoption
and such order signed by the two members of the Child Welfare Committee shall
be issued within a period of two months in case of a child up to two years of age
and within four months for a child above two years of age from the date of
production of the child before the Child Welfare Committee 25 After the certificate
declaring the child legally free for adoption is uploaded by the Specialize Adoption
Agency within 48 hours from the receipt of such certificate on Child Adoption
Resource Information and Gudiance System.
Process for declaring surrendered children legally free for adoption:
A parent or guardian willing to relinquish a child due to physical, emotional or

social factors beyond their control shall produce the child before the child welfare
committee for surrendering the child. After receiving that it is the duty of specialize
adoption agency submit the following the details to the child welfare committee i.e.
a) Name of the child , date of birth or age and place of birth with birth record or
certificate, if available
b) The names address and identity proof of the biological parents or

accompanying adult, if the surrendering parent is a minor
c) Details of close relatives of the biological parents(s) if available
d) Details of sibling(s), if any
e) Known medical history of the child and biological parents(s)
f) Circumstances of the child which may include reasons for surrender and
social background. Etc
g) When the child is to be surrender to Specialize Adoption Agency or Child
25
Section 38 of Juvenile Justice ( Care and Protection of Children) Act ,2015
Welfare Committee, it should put all efforts to conduct counseling the parents
to retain the child and explaining that the process of surrender is irrevocable. If the
surrender is inevitable, the child can be surrendered “ in camera” and a surrender
deed shall be executed by the parent or guardian before the two members of the
Child Welfare Committee but if the surrendering parent is an unmarried mother, the
deed may be executed in the presence of any single member preferably female
member of the child welfare committee. The copy of the surrender deed is given to
the surrendering person or parents. In case the surrendering biological parent has
not claimed back the child within sixty days from the date of surrendering the child
to specialized adoption agency or child welfare committee. Then the same shall
informed by the specialized adoption agency to the child welfare committee. The
child welfare committee after the expiry of sixty days from the date of surrender
shall issue an order signed by any two members declaring the surrendered child is
legally free for adoption
Availability of child for adoption:
As soon as a child is declared legally free for adoption by the Child Welfare
Committee, such child may be allowed to be given in adoption to a resident Indian
or non-resident Indian parents26
26
Regulation 8 of the Adoption Regulation,2017
Chart III.3
Duration of child is declared legally free for adoption.
After 60 days • If the child is below 5 years of age .
• If the child is above 5 years of age or is a

After 30 days sibling
• If the child has any mental or physical

After 15 days disability.
Criteria for eligible children:
1) The child should be legally free for adoption
2) Siblings/twins/triplets, etc should not be separated
3) The consent of children above 6 years should be taken for the adoption. So it imposes a
limitation on age
Should an orphan or abandoned child be adopted direct without involving the Child Welfare
Committee, such a child will produced before the Child Welfare Committee together with a
report including the details and picture of the child as well as the circumstances in which the
child was received and a copy of the same will also be sent by the Specialized Adoption
Agency to the local police station inside same period. To maintain the child until the inquiry
is still under progress, the child protection committee then allowed a temporary care plan to
be forwarded to a specialized adoption agency. assigned to pursue the biological parents or
legal guardians by means of advertising the information and picture of the kid in state level
newspaper from the moment of birth, seventy-two hours (3 days). Notwithstanding all efforts
made by the District Child Protection Unit, failure to find the biological parent or guardian of
the child will notify the circumstances inside thirty days to the Child Welfare Committee.
That day the young child turned up before the Child Welfare Committee. Thirty days from
the date of child production, the specialized adoption agency will notify the Child Welfare
Committee whether any one has approached it to claim the kid and the report may also
contain any information supplied by the child during his temporary custody. The Child
Welfare Committee issues an order stating such child legally free for adoption and such order
signed by the two members of the Child Welfare Committee following receipt of this
information from the Specialist Adoption Agency, District Child Protection Unit and local
police station when a child is up to two years of age and within four months for a child above
two years of age from the date of production. 48 hours following the release of the certificate
certifying the legally free kid obtained on the Gudance System and Adoption Resource
Information by the Specialize Adoption Agency.
Adoption releases children officially for the parent or guardian ready to give up a child due of
social, emotional, or physical situations without their control before the child welfare
committee will produce the child before their sight. From then, the specialist adoption agency
transmit the following to the committee for child protection: Should the abandoned parent be
a minor, then name of the kid; birth certificate or age and place of birth; b) The names
address and identification proof of the biological parents or accompanying adult.
c) Specific information on close relatives of the biological parents; d) Specific information on
siblings; should any such exist?
e) Known medical histories of biological parents and children; f) Child's circumstances

maybe including social background and grounds for surrender. Like in this context
Should the child be turned over to the Specialize Adoption Agency or Kid Welfare
Committee, all efforts to inspire the parents to retain the child should be focused on
demonstrating to them that the process of surrender is irreversibly. Should the child's turn-in
prove inevitable, the child can be turned in "in camera," and the parent or guardian will
submit a surrender documentation before the two members of Kid Welfare Committee.
Should the parent or guardian be single, the deed could be done before any single member,
especially female. The person or parents turning in the surrender deed get copies of it. Should
the biological parent reporting to a child welfare committee or specialized adoption agency
not have claimed back the child within sixty days of the date of surrendering the child to?
The specialized adoption agency will thereafter also inform the child welfare committee in
this regard. Any two members of the child welfare committee will sign an order stating the
surrendered child is legally free for adoption sixty days from the date of surrender.
Once a Child Welfare Committee deemed a child legally free for adoption, such youngster
could be adopted to a resident Indian or non-resident Indian parent.
3.5 TYPES OF ADOPTION
1) In- Country Adoption
a) Adoption of Orphan , abandoned or surrender children:
Adoption of orphans, abandoned, turned-in or surrendered children:
After extensive inquiry, the children left by their biological or adopted parents or guardians
reported to the Child Welfare Committee as abandoned under account of physical, emotional,
and social causes outside of their control can be adopted by the prospective adoptive parents
living in India. Here among the possibilities and modern adoptive parents are Indians.
b) Relative adoption:
Relative adoption is the legal adoption of a child by a biological relative devoid of religious
inclination. For example, the adoption of a child by his relative—grandparent, uncle, aunt or
cousin Adoption of this nature happens on Indian territory. i
c) Approval via steppfathers:
Adoption by a step parent is the arrangement whereby a step parent brings up the child of his
present partner. One lady who remarried with a child decides to adopt the child under a step-
parent adoption, for example. Usually speaking, step parent adoptions are straightforward
processes as long as parent approval for the adoption exists. The chosen step parents also
follow legal guidelines and provide all required reasonable care for the child.
2) Adoption From All Around World
a) Acceptance of children's surrenders, orphans, forsaken.
b) relative tolerance
a) Procedure for In Country adoption of Orphan, Abandoned and surrender Children:

Chart III.4.
PAPs register online for adopting a OAS children produced before

child and upload their documents in CWC
CARINGS
Placed in SAA for immediate

Home study conducted by a social
worker of SAA and uploaded on
CARINGS Produced for declaring legally
free undertaken by DCPU
PAPs based on choice and Declared legally free by CWC

eligibility are referred profile of
legally free children
Post
Application and issuance of the Adoption
PAPs reserve a child within 48hrs birth certificate of the child follow up
within 8 working days till 2 years
from the
date of
Court order by disposing off the placement
Matching of the PAPs with the withthe
case within 60 days of filing after
child is done by adoption adoptive
Stage 1: Getting started:
First contact the approved foreign adoption agency or central authority relevant for
registration and home study preparation in their normal residence any non-resident Indian,
overseas citizen of India or foreign prospective adoptive parents living in a country signatory
to the Hague Adoption Convention. Should their usual domicile lack such an agency, the
prospective adoptive parents will approach the pertinent government department or Indian
diplomatic representation in that nation. Following that, such agencies on determining the
eligibility of the prospective adoptive parents for adopting a child will get their home study
report completed and register their application in child adoption resource information and
guidance system together with the relevant documentation and forwarded to the specialized
adoption agency where children legally free for adoption are available. Whether Indian
diplomatic representation or otherwise, the child adoption resource system forwarded the
profiles of the two children to the approved agency or central authority. They then forward
them to the most likely adopters. Following this, out of two children the prospective adopters
reserve one child within ninety-six hours; the profile of the other child will thus be
immediately erased. Should they fail to do this within the given period, the children's profiles
would be deleted instantly. Should the intended adopters reserve one of the presented
children, they will accept the child by completing the medical examination report and child
study report thirty days from the date of reservation. All original reports and child photos
should be forwarded to the certified international adoption agency or specialist adoption
agency under central authority at the Indian diplomatic mission. Should the future adoptive
parents reject the reserved child within thirty days, the profile of the child will remain
withdrawn by the child adoption resource information and guidance system and seniority of
the prospective adoptive parents will be assigned to the bottom of the list and will be given
another chance to reserve and accept a child when their turn come. Before choosing to adopt,
visit the adoption institution to see the child following the approval of your adoption
application. Moreover easily accessible to the adoptive parents may be the medical
examination report of the child under evaluation from the selected practitioner.
The approved international adoption agency will forward the original paperwork of the
possible adoptive parents to the relevant specialist adoption agency in the proper format for
review. Although the documentation coming from India will be self-attested, all documents
used for the home study report must be notarized and signed under terms of Hague adoption
treaty authorized countries under notary led by competent authorities of the receiving
country. Every original source needs to be English; should they not be English, they should
27
simply be translated English by themselves.
Level 2; no certificate challenging of authority
Ten days from the date the child is approved by likely adoptive parents, the authorities will
forward no objection certificate supporting the advised adoption in the correct format. It will
help all relevant parties according with Article 5 and Article 17 of the Hague adoption
Convention together with consent letter or authorization from the recipient nation. Moreover
important in the guiding system and child adoption resource material would be comparable
ones.
Once the authority issues a No objection certificate, the prospective adoptive parents could
under contract with the advised specialist adoption agency temporarily bring the child in pre-
adoption foster care inside India. Once the passport and visa are handed to the child following
the competent court issue, the prospective adoptive parents will have full custody of the child
from the specialized adoption agency.
Ten days following the date of child acceptance by the prospective adoptive parents, the
specialized adoption agency will forward the adoption petition together with prospective
adoptive parents to their jurisdictional court. There is all necessary documents on this
adoption petition. Should the kid originate from a children's home elsewhere, the specialist
adoption agency will register the adoption petition with the relevant local court. Should twins
or siblings come into play, the specialist adoption agency will show court single applications.
These specialized adoption firms will not generate any opposite party or answer in the
adoption application since an adoption is non-adversarial in nature. Two months from the
date the specialized adoption agency submits the adoption petition, courts handle the matter
under in- camera procedures. Ten days later, the specialist adoption agency owes the intended
27
Regulation 15(2) of the Child Adoption Regulation 2017
adoptive parents a certified copy of the court's adoption ruling. The same will be sent
concurrently together with required information on child adoption and system entries. The
specialist adoption agency will pick up the birth certificate from the issuing body ten days
following the date of the adoption order. Should the prospective adoptive parents wish the
specialized adoption agency to represent on their behalf also and regularly live abroad, the
application will also be accompanied by a power of attorney in favor of the social worker or
adoption in charge handling the matter and so enable a social worker to handle the matter on
behalf of the prospective adoptive parents.
28
Should the adopted child's place of residence be a signatory to the Hague adoption
convention, the authority will issue a conformity certificate under prescribed form three
working days from the date of availability of the adoption order in the child adoption
resource information and guidance system under article 23 of the Hague convention. On
conformity of adoption, the authority will notify relevant immigration authorities and foreign
registration office. Three working days from the date of receipt for the acceptance order, the
specialized adoption agency will forward the application to the regional passport officer for
the adopted kid. Ten days from the date of application, the passport authorities will release
one ten days in conformity with the circulars on passport issuing to inter-country adopted
children produced by the central government from time to then. Under the name parents and
date of birth recorded in the adoption order, the specialized adoption agency will approach
the birth certificate issuing authority for acquiring birth certificate of the adopted child inside
a three-day period of acquiring the certified copy of the adoption order. Should the child
qualify, he is free to carry an overseas citizen of Indian card. Two months following the date
of adoption order, the adoptive parents will journey to India to bring the adopted child home.
Stage six: grouping
The approved foreign adoption agency, central authority or Indian diplomatic mission or
concerned government department will upload the progress of the adopted child report for
two years from the date of arrival of the adopted child in the receiving country on a quarterly
basis during the first year and on six monthly in the second year to the child adoption
resource information and guidance system. Should they find any changes during the post-
28
Regulation 16(3) of the Child Adoption Regulation 2017
adoption visit, they also have to notify the child and adoptive parents. Should a disturbance or
dissolution of adoption occur, national child protection agencies as per Hague adoption
convention approved countries will be allowed to provide the kid care, protection, and
rehabilitation. Get together Indian adoptees, their adoptive parents, and adoption agencies on
a regular basis to help them to develop positive ties.
3.6 Comparative Adopuation Against National
The procedure described here is meant for inter-country adoption involving relatives; a
relative living abroad seeks to adopt a child of another relative living in India.
The Indian government or an approved international adoption agency can provide

any citizen interested in legally adopting a child from within the country with all the
information and forms they need to complete the process. If an Indian diplomatic
mission is not yet in existence, prospective adoptive parents should get in touch
with the appropriate government body. When the results of the home study meet the
authorities' expectations, the next step is to file the necessary paperwork and the
application for the prospective adoptive parents with the child adoption resource
information and guidance system. The relevant authorities will forward the
completed paperwork to the district's child protection section so that it can be used
in home studies. For this reason, the child protection unit conducts home studies;
these investigations are inexpensive and the results are reported to the authorities.
Once the authorities have reviewed the relative child's family history record, they
will send it on to the receiving nation. Once the necessary documentation is
received, the authorities will send a certificate from the Hague adoption convention
in accordance with Articles 5 and 17.
The 3.7 Indian Rupees Adoption Fee via Cara

While the Central Adoption Resource Authority may suggest other payment
methods from time to time, excited parents-to-be can pay via demand draft, cash, or
even online. The cost of adopting a child from another country who has three
biological parents
There is one cost associated with home study, and that is Before an in-country
adoption may take place, the local adoption agency must ascertain whether or not
the prospective parents are Indian citizens or permanent residents through a home
study report. Because of this, the price was set at Rs. 6000. Home studies done in
compliance with national requirements can still be afforded by prospective adoptive
parents residing outside of India in the event of an international adoption.
2) Childminders, Inc. Fee for Adoption
This fee covers the following: administrative costs, document preparation, legal
fees, and child care. This amount is distributed to different specialised adoption
agencies. A 24,000 rupee deposit is required upon acceptance of a child for
adoption within the country, with a further 16,000 rupees due upon receipt of the
kid, according to a court ruling. Approximately forty thousand rupees is the total.
The adoptive parents are required to pay a down payment of $3,000 upon
acceptance of the child into their household. The second instalment is due upon
court order in cases of foreign adoption. Totalling all of this comes to $5,000 USD.
2) Following adoption, expenses linked to maintenance:
For each adoption, there is a cost of Rs 2000 for the follow-up visit. The overall
cost after two years of adoption is eight thousand rupees, which is distributed
evenly between the two years and four visits. In case the home study report needs to
be examined, an extra money has been set aside. Based on the reasoning given
above, the total cost of country adoption is Rs 54,000. People seeking a forever
family should not be taken advantage of by any professional adoption agency
through the imposition of excessive fees or the solicitation of unnecessary
donations. They would be breaking the law if they did this.
3.8 GOVERNMENT POLICY RELATING TO CHILD ADOPTION

PROGRAMME:
The conventional wisdom regarding adoption held that children from low-income
families, especially those who had been abandoned, neglected, or were in extremely
unusual situations, should be placed in institutions. This strategy allowed the
youngster to separate from the home surroundings. Today, non-institutional
services are commonplace. The impact of a child's family on their physical,
psychological, intellectual, and social development has been more acknowledged in
recent decades. The non-institutional approach to child welfare is still in use across
the globe because it safeguards the fundamental human right to a family. A home is
a basic human right for all children. With the support of loved ones and
professional counselling, this objective is within reach. When a child's biological
family cannot provide care, it is crucial to make arrangements for subsidised
family-based care. The child should be deinstitutionalised as time goes on. Unlike
institutional programs, those that focus on families prioritise adoption, foster care,
and sponsorship. Adoption in India has evolved both conceptually and practically
throughout the years. Meeting the needs of the parents used to be the primary focus
of adoptions. Taking in youngsters from close family was normal. Since the 1960s,
there has been a change in the levels of pragmatic, social, and legal acceptance.
There was a shift away from institutional care and towards family-based
alternatives as the number of children left homeless and abandoned rose. Children
who are forcibly removed from their homes are supposedly best placed for
adoption. In the early 1970s, there were attempts to match organisations with
children who were not related to one another. Because of national and international
instruments that have helped move the emphasis of adoption away from parents'
needs and towards children's rights to a home, the Karnataka government has
passed many laws to address this change. Many Indian children, particularly those
from the state of Karnataka, don't appear to respect their right to remain at home
with their families. Suitable homes can be found for children through adoption in
this situation, whether they are orphaned, abandoned, or otherwise disadvantaged.
By matching children with their biological parents, the adoption program ensures
that the family unit will remain intact indefinitely. The Central Adoption Resource
Authority detailed the steps for adopting the child. The adoption process cannot
proceed without continuing to adhere to these requirements. In addition to twenty-
four(4) volunteer groups, the state of Karnataka currently has five(6) government
special adoption agencies. In order to facilitate the child's rehabilitation and social
reintegration, the state government develops methods that bring together and
coordinate various non-governmental, business, and community organisations. Any
of the following approaches can help children heal and reintegrate into society:
1) Foster Care:
Foster children get short-term replacement care. In contrast to adoption, this situation does
not allow for a person to distance themselves from their biological parents. The length of time
a foster child spends with a new family depends on the circumstances of each situation.
Oftentimes, the child's biological parents will come by to check on them; if everything is fine,
they can return home. When families are momentarily beset by crises, such a parent's sudden
illness or death, children undergo a great deal of mental and emotional anguish. It may be
required to remove them from their native habitat in order to put a stop to their carelessness.
One possibility is to place these kids in foster homes for the time being. Foster care is a great
option for single parents. Foster care and other family-based services can keep running
smoothly even when catastrophic weather events like hurricanes or earthquakes strike. To the
degree possible, the foster care agency should help pay for the foster family's living expenses
so that they can take care of the child, in addition to helping the biological parents get well so
they may have their child back.
Continuing with Mamata's Crane
A lot of people die while they wait for the baby to be born, but the baby is born nevertheless.
Many children were found in unusual locations,29 like under bus seats, in bushes, in the barn,
on trains, in hospitals, and so on. With the Mamata or permission cradle, parents don't have to
force their newborn into a cradle. All of the state's nurseries have these cribs.
Sponsorship Program: Three

The main goal of this project is to support families that opt to raise their children at home
financially, thus discouraging the exploitation of parents for personal benefit. The state
government has been administering this program, which gives each child Rs. 1,000 per
month, since 2006–07. When families are struggling to meet their children's fundamental
needs, like schooling, sponsorship can be a lifesaver. They are able to keep in touch with the
biological family, send the child to school, and cover medical expenses all with the money
from the sponsorship.
4. Childhood:
A temporary alternate system of care is provided by the government when parents are unable
to do so due to a dreadful disease, death, or other tragic occurrence. It would be inappropriate
to ask a faraway friend or relative to step in and offer interim care in this case. Parenting
programs aim to rehabilitate families, relocate them if necessary, and ensure the safety of
their children while family problems improve. It is the responsibility of the parents to ensure
their child's health, nutrition, therapy, and general development.
29
Section 42 of the Juvenile Justice (Care and Protection of Children) Act, 2015
5) Helplines for children in crisis:
A government-run hotline for children can be reached at this number: 1098. For kids, it's
completely free. Please contact this number if you know of any children in need of food or
shelter. The Indian government has chosen the Child Line India Foundation to be the
umbrella body for the country's child assistance program. Children can access the
organization's services, which include short-term care, rehabilitation, and emergency
assistance. In addition to the regions of Udupi, Uttara Kannada, Raichur, and
Chikkamangaluru, the Child Line India Foundation runs 58 child helplines across Karnataka
with the cooperation of 58 partners.
For children who seem to be orphans, abandoned, or turned-in, the Board must assist the
committee in deciding whether their adoption can be done legally. Instead of the specialised
adoption agency, these kids will go to childcare centres since no one can legally hold a child
under seven years old. The creche would have to contact the proper authorities to start the
procedure of determining whether the child is legally available for adoption. After then, a
professional adoption agency can receive the information.53
Domestic and foreign adoption regulations are covered in eighteen clauses of Chapter VIII.
However, the ideas are essentially the same in Sections 56–66 of the Act. The CARA Act of
2015 created three new channels for adoption. In the first part, we cover the steps that Indian
citizens can take to become adoptive parents within their own nation. Additionally, it
explores how foreign policies affect non-permanent Indian residents of the nation. Opening
the door for adoptions on a global scale is the third advantage.
Any adoption that has been authorised must undergo judicial review in accordance with the
Act. It is necessary to persuade the court that the adoption is in the child's best interest, as
stated in Section 61. The child's wishes, considering their age and level of awareness, must
also be taken into consideration. No funds have been or will be exchanged between the
biological parent or guardian, the adoptive parents, the child's relatives, or the specialised
adoption agency in relation to the adoption, with the exception of the amounts permitted by
law for adoption fees, service charges, and child care corpus. The length of time the court
will spend concluding the adoption is estimated in Subsection
2, which starts on the day of filing and continues for two months.
CHAPTER -FOUR
ADOPTION IN INDIA: ISSUES AND CHALLENGES
4.1 LEGAL FRAMEWORK GOVERNING ADOPTION IN INDIA
India has a multi-layered legal framework governing adoption. The key laws include:
 Hindu Adoption and Maintenance Act (HAMA), 1956: Applies to Hindus,

Buddhists, Jains, and Sikhs.
 Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015: A secular
law applicable to all, designed to streamline the adoption process for children in need of care.
 Guardians and Wards Act, 1890: Provides guardianship but not full adoption,
typically used by non-Hindus.

The JJ Act of 2015 is the basis for these general requirements, which should show:
Orphans, abandoned children, and turned-in juveniles have a right to a family, and the Authority's
approved policies will work to make that a reality according to the terms of this Act. A third relative
may, according to the provisions of this Act and the rules set out by the Authority, adopt a child from
a fourth relative, regardless of the child's religious views. A Hindu child's birth family is exempt from
the effects of this law. In all foreign adoptions, the requirements of the Act and the policy will be
adhered to without exception. Anyone planning to have another person take care of a child overseas is
responsible under Section 80's standards.


The Act does not impose any obligations on the children of one family to adopt another relative, as
long as they so desire, according to Section 56 (2). Section 56 (2) is different from Section 56 (3). It
appears that the HAMA will keep an eye on a Hindu child's parent until the youngster is fifteen years
old, at which point they will be able to decide for themselves if the child can accept a Hindu relative.
The intriguing questions raised by these two works are worth considering, nevertheless. Is it possible
to adopt a Hindu kid between the ages of fifteen and eighteen according to the JJ Act of 2015? Is it
acceptable to choose a relative in a Hindu family if the biological child is of either gender? Is the
repeal of the Hama regulations implied by the JJ Act of 2015's failure to impose such a restriction? If
a Hindu parent already has a child of the same gender, they are not allowed to adopt another one, says
Hama. In accordance with the JJ Act of 2015, are Hindu adoptions that violate certain HAMA
regulations considered real adoptions? When it comes to the relative acceptance of a Hindu child
globally, it is unknown if the 2015 JJ Act or the Hama would be the deciding factor.

Part 4.4.3: The Applicability of Hama Ignoring


Section 56 (3) of this Act does not deal with the HAMA adoption requirement. It suggests that Hindus
can continue to adopt a kid who meets the requirements of the JJ Act of 2015. Adoption is an option
for Hindus according to the JJ Act of 2015 or the HAMA. A Hindu trying to establish the legality of
adoption under the JJ Act of 2015 would encounter enormous hurdles as a result of the glaring
discrepancies between the two statutes. The JJ Act of 2015, for instance, permits the kidnapping and
adoption of minors up to the age of eighteen, but the HAMA statute establishes a far lower threshold
of fifteen.
 Adopting a Hindu minor as soon as sixteen years old is made feasible by the JJ Act of 2015,
although it is prohibited according to the HAMA.
Adopting a sibling is legal for anyone with a biological child according to the JJ Act of 2015, but it is
illegal in Hama for an adoptive parent to have a biological child of the same sex. As we'll see later on,
courts are obligated to uphold the legitimacy of adoptions in situations when inconsistencies raise
questions about their legitimacy due to the JJ Act of 2015, the best interest of the child concept, and
the act's non-obstetric nature.

While the 2015 CARA rules do add the following: "in the case of a married couple, permission of
both spouses is required, and they must be in a stable married life minimum of two years." What this
provision fails to mention is that the adoptive parent needs not be Indian or have any kind of Indian
heritage.
Adoption is not affected by the number of biological children a parent has, regardless of their gender,
as stated in the rules, which contradict the HAMA's ban on admitting a kid of the same sex as the
natural child. Adoptive parents and children are most compatible between the ages of twenty-five and
thirty-five, which is also the best range for an adopted child. This age gap is also recorded by the
CARA criterion. No one above the age of fifty-five will be admitted.

Even if a single man has the right to make that decision, having a daughter is nevertheless considered
undesirable. Although it is possible for single women to adopt a child of either sex, the 1956 markings
exclude divorced people, which may lead some to question whether widows and widowers are also
eligible to adopt. Since this line does not forbid a single woman from adopting a child, it follows that
a single woman cannot be a paedophile, regardless of her sexual orientation. Official surveys reveal
that many boys encounter sexual harassment, and individuals of varied sexual orientations are fighting
for equal rights, therefore this restriction no longer makes sense. Thorough investigations should be
conducted on all individuals, couples, and groups seeking adoption in order to rule out the possibility
of child abuse on their part.59, 59, 5.
The Act is ambiguous as to whether a person in a live-in relationship should be regarded as married or
single. But the home study report has to incorporate the approval of prominent persons, therefore it
has to consider their attitude, according to CARA rules. At this juncture, it is hard to say if the
presence of such famous people would be considered good or bad. The possibility of such extensive
partners, such the prospective adoptive parent's gay lover, is another matter to consider.
This part seems to lay out the perfect conditions for the extraordinary and happy parenting of children,
as seen through the eyes of the adopted child. On the other hand, the prospective adoptive parents'
point of view necessitates the resolution of certain concerns. Being physically active, financially
literate, mentally sharp, and intrinsically motivated are all part of it. As a result, a parent's or
guardian's ability to provide a stable environment for a child depends on their financial stability,
regardless of how emotionally and mentally capable they may be. Consequently, this chance may pass
by for individuals who are very motivated to embrace. Regardless of whether a couple or individual
satisfies other criteria for child custody, child support systems address financial concerns. When one
is emotionally solid, financially literate, and intellectually curious, how does one achieve all three?
It breaks my heart that some individuals pick kids for terrible things. Many adopted children end up
working as domestic servants or sex slaves. It is crucial to assess and incorporate these elements into
the legislation to ensure that an individual or couple that is motivated to adopt cannot be prevented
from doing so due to formalities.

The Board will lend a hand to the committee in their determination of the child's legal eligibility for
adoption if it looks that the kid is an orphan, abandoned, or turned-in child and is already involved in
the legal system. Since no kid under the age of seven can be in trouble with the law, child care
centres, not the professional adoption agency, will be responsible for housing these kids. The child
care centre can contact the proper authorities, who will thereafter notify the adoption agency, after the
required paperwork has been completed to verify the kid's legal availability for adoption.53
Chapter VIII's eighteen sections, which address domestic and international adoption guidelines, are
generally in line with the Act's Sections 56–66. There are three types of adoptions made possible by
the CARA Act of 2015. The first type permits domestic adoptions by Indian nationals; the second
type addresses foreign policies affecting non-Indian citizens or permanent residents; and the third type
permits adoptions by relatives residing outside of India.
 No money has changed hands among the adopted parents, the biological parent or guardian,
the relative of the child, or the specialised adoption agency in consideration of the adoption, except as
permitted under the regulations for adoption fees, service charges, and child care corpus, and the court
must be satisfied that the adoption is for the child's welfare, according to Section 61. The child's
wishes should have been considered, taking into account their age and understanding. Subsection 2
begins its search for the court's commitment to finalising the adoption two months before the filing
date.
The JJ Act of 2015 is the basis for the general requirements, which include:
Orphaned, abandoned, or turned-in children should have the opportunity to form a family, and that is
why this law is in place. It is permissible for one relative to adopt a kid from another relative, subject
to the restrictions of this legislation and the rules established by the Authority, irrespective of the
child's religious beliefs. Children who were born into Hinduism are exempt from the rules of this law,
while the Adoption and Maintenance Act of 1956 establishes requirements for all overseas adoptions.
Anyone seeking another person to assume legal custody of a child residing overseas must adhere to
the provisions of this section, as stated in Section 80.
Depending on their inclinations, Section 56 (2) allowed children of one relative to choose another
without Act limits. There is an exception to Section 56 (2) in Section 56 (3). It appears that the
HAMA will continue to oversee the acceptance of Hindu relatives by Hindu children under the age of
fifteen. Regardless, the issues raised by these two works are intriguing. Can the JJ Act of 2015
regulate the adoption of a Hindu minor who is fifteen years old but not yet eighteen? In a Hindu
family, is it permissible to choose a relative regardless of the gender of the biological child? Does this
imply that the Hama recommendations are no longer relevant, given that the JJ Act of 2015 does not
contain any such prohibition? According to Hama, a Hindu parent cannot select a child of the same
gender who already has an offspring. Do Hindu adoptions that go against certain HAMA
recommendations constitute legitimate adoptions under the JJ Act of 2015? The relative global
acceptability of a Hindu child would be decided by the JJ Act of 2015 or the Hama, which is also
unclear.
Anyone who already has a biological kid can lawfully adopt a sibling under the JJ Act of 2015. On the
other hand, it is against the law for an adoptive parent to take in another kid of the same gender if they
already have one. For reasons that will become clear below, the courts are required to maintain an
adoption when there are disputes that cast doubt on its validity, so long as the adoption complies with
the JJ Act of 2015, the best interest of the child concept, and the non-obstetric nature of the JJ Act.
Criteria for Potential Adoptive Parents (Regulation 4.4.4)
The legislation states the following regarding individuals seeking adoption:

Adoptive parents must meet certain criteria before a child can be placed with them: they must be
mentally and physically healthy, have a steady income, and be able to provide a nurturing
environment where the kid can grow and flourish. Adoption can only happen if both members of a
couple are in favour of it. Furthermore, in some circumstances, a single person or a divorcee can
adopt, as dictated by the regulations established by the authority. On the other hand, unmarried men
have fewer options when they choose a girl child. Any other allowed criteria can be specified by the
authority using this framework. year 1957
The CARA regulations were revised in 2015 to include additional criteria, such as "the consent of
both spouses is required in the case of a married couple and that they must have been in a stable
married life for at least two years." Interestingly, this provision does not mention that the adoptive
parent needs to be Indian or of Indian descent.
Contrary to the HAMA's restriction on adopting only children of the same gender, the regulations
state unequivocally that having any number of biological children of either sex does not prevent
adoption. Just like an adopted parent, the ideal age range for an adopted child is between twenty-five
and twenty-seven. Age discrepancies are also monitored by the CARA criterion. A minimum of fifty-
five is required for entry.
The decision to have a daughter by an unmarried guy is problematic even if he is free to do so.
Although it's true that single women of any sex can choose to adopt a child, some may wonder if
widows and widowers can also adopt as it doesn't include divorced people. When looking at this,
1956 is a pivotal year. This provision forbids both heterosexual and homosexual paedophilia since it
does not expressly forbid any woman from adopting a child. This prohibition is no longer justified in
light of the fact that numerous boys are victims of sexual harassment and that individuals of all sexual
orientations are fighting for equal rights. Individuals or couples seeking to adopt children must
undertake thorough background investigations to guarantee they are not abusing them.59, 59, 55, 57,
57,
A person's situation in a live-in relationship is not addressed in the Act. We will label
these people as married or unmarried. However, it is imperative that the home study
report adheres to the CARA standards, which make it quite apparent that important
persons' opinions are respected. Whether or whether such well-known figures would
be invited is still up in the air. Could such close relationships be considered, such as
the gay lover of the prospective adoptive parent? That raises a new query.
From the child's point of view, the section seems to normally reflect the ideal
environment for the exceptional and peaceful parenting of children, but from the
adoptive parents' point of view, there are certain considerations that must be made.
Potential adoptive parents should have good health, a secure financial situation, a
thirst for knowledge, and a strong desire to become parents. It makes no difference
how much love and care a parent can give their child if they are physically weak but
intellectually brilliant; they just cannot afford it. Some people may pass up this
opportunity even though they are really excited to embrace. Child support systems
typically deal with financial matters independently of whether parents satisfy other
requirements for child custody. How can one increase their resilience, focus, and
financial intelligence?sixty minutes subsequently, thus onwards from there
It is worrisome that some people choose children with bad motives. Domestic
servitude and sex slavery are likely occupations that adopted children have taken up.
That is why it is so important to evaluate and use these legal aspects correctly so that a
motivated couple or individual can adopt a child without facing procedural obstacles.
The findings
Method 4.4.5 for Indian Women Who Are Expecting a Child and Live in India
The Act makes it possible for any Indian citizen to work with a certified adoption
agency to take in a kid who has been left without a parent or guardian. The adoption
agency will then submit a home study report to demonstrate the child's suitability for
adoption. In the event that eligibility is established, the specialised adoption agency
will refer a child in accordance with the adoption standards, after reviewing the child
study report and medical report. As soon as the prospective parents have reviewed the
child study and medical reports, they are required to return the documentation to the
specialised adoption agency along with a signed acknowledgement of their child's
acceptance. This permits the placement of the child in foster care before adoption, and
subsequently, the prospective parents are required to submit the required paperwork to
the court in order to get an adoption order, as specified in the regulations. Upon
receiving a certified copy of the court order, a specialised adoption agency is obligated
to swiftly notify the selected parents. In order to make sure the adopted child is doing
well and making progress, the 2015 CARA recommendations recommend visiting
every six months for two years. This suggestion is provided in accordance with the
guidelines' section five.
4.4.6 Procedure for inter country adoption
The following sections of the Act are included to make it easier for children who are
orphaned, abandoned, or have been turned in to an international institution to be
admitted:
With Section 59, we primarily intend to address the concerns of potential adopters in
India. The nation must treat non-resident Indians equally with resident Indians if it is
to adopt them. The child will only be eligible for foreign adoption once if all efforts to
find a family within 60 days of their legal release from parental authority,
abandonment, or relinquishment fail. The ideals of "placement of the child in his own
socio-cultural environment, as far as possible" should take precedence when it comes
to international adoptions, and children with physical or mental problems, siblings,
and those older than five years old should be given special consideration. Regrettably,
this belongs to the group of Indian adoptive parents seeking a physically fit male to
complete their family. We speak to international adoptive parents in Section(2), and
Indians living abroad, people of Indian heritage, and foreigners living in India in
Section (12).62
As stated in Section 2, qualified non-resident Indians, Indian citizens residing abroad,
and individuals of Indian heritage would be given preference in international adoption
of children from India. On this scale, I'm guessing that Indian expats, persons of
Indian origin, and foreigners resident in India get greater priority than everyone else,
but I don't know.
Adoptive parents, regardless of citizenship status, are only required to file in the
country of their present residence. Evidence of regular citizenship of the country in
question is required for applications from foreign nationals living abroad. A non-
objection certificate from one's nation's diplomatic office is required for foreigners,
overseas citizens of India, and individuals of Indian descent residing in India,
according to subsection (12), even though paragraph (3) of section 59.63 does not
explicitly state this.
A home study report will be prepared and supported by the appropriate Indian
government agency or international adoption agency when they are ready to apply to
adopt a child from India.
The application will be sent to an eligible adoption agency that has children available
for adoption in accordance with legal standards if the prospective parents show
satisfactory behaviour. The process for selecting a child was the same for Indian
parents living in India as it was for those parents living outside of India. The child's
medical data and study results are delivered to prospective adoptive parents by
specialised adoption organisations when they have discovered them. The prospective
parents are then requested to submit the finalised papers confirming their consent. In
order to finalise an adoption, professional adoption agencies will quickly inform the
relevant authorities, state agency, and prospective parents after gaining consent. A
professional adoption agency's responsibilities also include obtaining the child's
passport and visa. The officers provide first-hand accounts of the host country's
attitude towards Indian immigration officials. The child will be physically delivered to
the prospective adoptive parents by the professional adoption agency once their
passport and visa are approved.
Section 11 mandates that the designated foreign agency, central authority, or pertinent
government department investigate and report back on any such adoption. The
appropriate authorities will be able to lay out the specifics of the implementation, such
as how long it will take to do the follow-up or which agencies are on the approved list.
The CARA regulations of 2015 provide that a follow-up is required every three
months during the first year and every six months during the second. In the case that
the child experiences ongoing difficulties adjusting, the social welfare and child care
department of that nation will take care of them. The last part of Section 59, which
addresses "Adoption by an overseas citizen of India generally living in India or by a
foreigner with Indian background," minimises the importance of immigration
considerations due to the fact that the locations of the prospective adoptive parents are
likely to differ from the historical locations. Others in a similar situation include
Indians residing outside of India and people of Indian origin. No matter how quickly
they receive a certificate from their country's diplomatic mission confirming that this
is not an objection, they must still apply to the authorities.
Following the 2015 CARA standards, these children will have the same number of
follow-up visits as regular in-country adoptions: four in the first year and six in the
second. The next step is to get the paperwork sent to an adoption agency. Following
the completion of the required study, the committee may use the definition of
"abandoned child" in Section 2 (1) to reach its conclusion regarding the case of a child
who has been abandoned.
4.4.7 Procedure for Intercountry Adoption of a Child of the Relative
Adopting a child from an Indian family is allowed by a special clause of the Act, even
if the relatives are not residents of India. A court order and a certificate of authority
are required for someone in this situation. The certificate will be issued and the
appropriate immigration authorities in India and the country of destination will be
informed upon receipt of an application from either the biological parent or the
adoptive parent, along with a court ruling. Children who are adopted will be given
ample opportunity to see their birth families. In some remarkable instances, adoptive
parents have even assisted their adopted child in reuniting with their birth family. We
have no idea when this mode of communication will be available. It is not necessary to
conduct this in combination with any other form of adoption, whether domestic or
international, until the parents of the kid are identified, as is happening with
surrendered children.65
An ongoing topic of controversy is whether Hindu children living in India can be

recognised as heirs to a family member who is abroad. When it becomes law, would it
be subject to Section 60 of the JJ Act or the HAMA?
It would be fantastic if it were even more clear that Hindu children adopted overseas
by Hindu relatives are not subject to paragraphs 56(3) and 60.
According to the following, the Act sets rules for the legal system regarding payments:
The wishes of the child are carefully regarded, taking into consideration their age and
level of awareness, unless differently permitted by the adoption regulations set out by
the Authority. In the event of a relative adoption, neither the child's parents nor the
guardian, nor the specialised adoption agency, nor the prospective adoptive parents
have accepted nor consented to receive any monetary or other type of benefit in return
for the adoption. Video documentation of the adoption procedure will be presented to
the court for a decision two months following the date of filing.
Section 61 does not specifically address sanctions for paying adoption consideration,
despite an implication in the provision's title to that effect. In Section 61 of the JJ Act,
nothing is said about Section 80, which sets punitive consequences for adoptions that
go against the prescribed course. An other instance of subpar draughting is the title
and substance provision being misaligned.
Additional recommendations and comments on processes are included in the Act, for
example:
Prospective parents who are Indian citizens residing in India, non-resident Indians or
overseas citizens of India, persons of Indian origin, or foreign nationals must adhere to
the regulations established by the Authority when it comes to the documentation and
other processes involved in adopting a child who has been orphaned, abandoned, or
surrendered. Having said that, these instances are not dealt with explicitly in this Act.
In order to make sure that the deadline is followed, the adoption case will be closely
supervised by both the applicable state agency and a licensed international adoption
agency. Professional adoption agencies guarantee that they will finalise the adoption
case with the prospective parents no later than four months from the date of the
application.
Within the four months given in Section 62, all procedures related to the adoption of a
child must be completed. To further ensure the security of adoption data, the JJ Act of
2015 mandates the monthly reporting of all court-issued adopted orders to the
appropriate authorities. Due to the two-year time frame between the date of adoption
and the start of rehabilitation therapy for children who have adjustment problems, data
is the mainstay of ongoing monitoring of adopted children.
4.4.8 Agencies involve in Adoption
Specifically, four companies monitor and control the execution of the JJ Act 2015:
The formation of CARA was facilitated by section 68.

For her final remarks, Saras cited section 67.
• The committee's order and section 65 of the SAA require the placement of orphaned,
abandoned, or turned-in children under the age of six.
All foreign nationals, Indian nationals living abroad, Indian origin individuals, and
non-resident Indians who wish to adopt an Indian child must go via a recognised
international adoption agency that has been authorised by the appropriate federal
agency recognised as the central authority under the Hague Convention.
The Central Adoption Resource Authority, which existed before the JJ Act of 2015, is
also mentioned in this paragraph. When it comes to domestic and international
adoptions of children without parents or guardians, the CARA is the main Indian
agency that handles the matter. In line with the state adoption resource agency, its
principal goals are to promote easy adoption worldwide, set acceptable criteria, and
regulate foreign adoptions. On top of that, it acts as if it were the officially recognised
leader of the country.
It is requested that the authority's steering committee closely monitor its operations in
Section 69. Even if it isn't explicitly stated above, the chief executive officer of the
authority is expected to serve as a member secretary of the steering committee.
This ability is outlined in Section 70 of the JJ Act 2015, which provides any accredited
foreign agency or specialist adoption agency the capacity to independently direct
cases, as indicated in Section 70 (1) (a). These guidelines must be observed by every
agency because they are binding on these bodies. If an official or functionary
repeatedly disregards company policy, the proper authorities may decide to take
disciplinary action. As if it were issuing directions under section 349 of the Criminal
Procedure Code, it can also detail the instances where the magistrate supervising the
proceedings consistently violates the law. In an adoption case, "authority" can refer to
whoever gets to decide if a child is adoptable or if prospective adoptive parents are
suitable.
Some detailed, authority-based guidelines for financial planning are provided in

Section 73. The steering committee not only establishes policies and procedures for
the efficient management of the authority and its operations, but it also provides
recommendations on issues pertaining to staffing, services, funding, and anything else
that may be relevant. The federal government occasionally gives the steering group
additional responsibilities. The Act mandates that the steering committee meet once a
month. The authority will be headed by a central office and can expand to as many
regional offices as needed.
In order to form a partnership with a regional adoption agency, the state government
must first select one or more organisations under Section 65. It is necessary for the
specialist adoption agency to get in touch with the state adoption resource agency prior
to obtaining a certificate of recognition or renewing registration.
Gathering orphaned, abandoned, or surrendered children from the committee,

performing home studies on potential parents, and getting adoption orders from the
court within the necessary timeframe are all tasks that fall under the purview of the
specialised adoption agency. If the professional adoption agency breaks any of these
laws, they could be fined up to 50,000 rupees. The state may revoke its approval after
multiple incidents of nonpayment. Although the Act does not outline the process or
authority for the state to levy penalties, it is evident that the specialised adoption
agency needs an opportunity to be heard before any such actions are implemented. All
such institutions are required under Section 66 of the Act, which is in line with Section
38 of the Act, to initiate the process of gathering all children who are orphans,
abandoned, or relinquished and placing them under the legally free adoption of the
committee. Since this crime falls within the non-cognizable and bailable categories as
outlined in section 86, a formal complaint and court order are necessary to launch a
criminal investigation into this matter.
The child care facility in question faces a fine of 50,000 rupees for each infraction as
per Section 66 (3). However, without a court ruling, the institution can't be held
legally responsible for the infringement since it is a non-cognizable and bailable
misdemeanour that can only be punished with a fine.
4.4 ADOPTION AND THE INDIAN SOCIO- POLITICAL AND LEGAL
CONTEXT
The children affected by this law were labelled as strays, destitute, orphans, neglected,
orphaned, or criminal. Distinct approaches were required for each group. Children
who had committed offences were transferred to approved schools or industrial
programs, while those who were neglected, orphaned, impoverished, or homeless were
placed in institutions such as remand homes, authorised schools, classification centres,
fit person's homes, orphanages, or observation homes. With the progressive goal of
providing a uniform pattern of justice for youth across the country, the Juvenile Justice
Act was enacted in 1986. A major distinction between neglected and delinquent youth
is made by this statute. An unsupervised minor, defined as a female under the age of
eighteen or a boy under the age of sixteen, may be seen begging without a home, a
permanent address, or any apparent source of income, and their parents or guardians
are unable to stop them. Young people who engage in behaviour that would be
considered criminal if they were adults are considered delinquents. Instead of letting
these children go through the legal system, there ought to have been measures in place
to help them recover through adoption, foster care, and sponsorship. 30
30
Bainham, A., International adoption from Romania 78 (Orient Publishing Company, New Delhi 2013).
Laws and practices were altered as a result of social reforms that occurred
concurrently with independence. Several separate laws codified the existing body of
Hindu law about the same time. The Religious Adoption and Maintenance Act of 1956
was one such law. As a result, when it came time to adopt a child in India after
independence, the specified statute was followed. This freed adoption from the
strictures of religious instruction to a certain extent. Ancient Hindu law saw adoption
as a holy act that bestowed spiritual blessings on the adopting. Adopting children from
low-income families or those left abandoned was forbidden by it. Modern Indian law
permits the formal adoption of children who are orphaned regardless of their family's
or caste's background. Adoption is an option for children of either gender. The only
person a married woman can legally appoint as guardian is her husband, while a
married man must first get his wife's approval before he can formally adopt a child.
But now, according to the new codified rule, a married or widowed woman can
legitimately adopt a kid. It was obvious that HAMA posed major challenges to Hindu
acceptance. In spite of this, the Act is reflective of certain sexist and patriarchal views.
4.5 REASONS FOR ADOPTION IN INDIA.
Adoption in India is thus presently governed by a unique combination of individual

statutes and public policy. Before 1984, the government did not intervene in any way
to monitor or regulate adoption. International child adoption was a hotly debated topic
in the 1970s and 1980s, with roots in the 1960s. In 1982, a child from India died while
in custody en way to their adopted home abroad, which caused a stir and negative
news. An article in the media said that prostitutes were in contact with a Supreme
Court justice and were selling Indian children in the US for $2,000 each. He asserted
that the nonprofits working on worldwide adoption were corrupt. A significant event
was the launch of public interest litigation in response to alleged misconduct in the
international adoption process. The ruling by the Supreme Court in 1984 marked a
watershed moment in the acceptance of the creation of norms and standards. The
regulations established by L.K. have given rise to the central adoption resource
authority. The case of Pandey v. Union of India. In1998, it changed its name from the
Ministry of Welfare to the Ministry of Social Justice and Empowerment. As a
consequence, the placement process is now more transparent, thanks to the
establishment of regulations for both domestic and foreign adoption.
Value of Indian generalities (4.5):
Some common sources of this problem are:
Also, there are two) justifications for

4.5.1 CONVENTIONAL REASONS
Several objectives are pursued by adoption. The father without a son choose a son for
selfish reasons, and the line is carried on by the dattaka putra. The chosen son, who
calmed his adoptive parents' religious and secular worries, hides both of these
31
purposes.
Contradictory Opinions
Adoption is a typical choice for many families, even though it may seem strange,
driven by their love for their children.
31
Vinita Bhargava, Adoption in India – Policies and Experiences 96 (Oxford University Press, London 2nd
To round out their families, some couples adopt children of the opposite sex, while
others choose to have children of a specific sex. Depending on the number of children
of the same sex, a couple who already has two boys may desire a girl child, or vice
versa. Some couples worry about trying again because they can't control the sex of a
biological child. Still others feel much more comfortable proceeding with a ready-
made child of the opposite sex.
For a family of four, adopting a second kid simplifies things considerably. Having
only one child might make it difficult for a couple to provide for their child, especially
if the mother doesn't feel well enough to make it through the whole pregnancy and
delivery.
The idea is admirable, and it would be a tremendous boon to society if implemented,

which brings us to our fourth point. Some people want to manage the population
because they believe there should not be any more children born into our world.
Another group chooses to adopt children from this overpopulated world because they
feel bad for the kids who don't have anybody else to turn to.
4.5.2 NON-CONVENTIONAL REASONS
If a couple is lucky enough to conceive twins, but neither of them wants children of
their own, they may decide to adopt one of the newborns. Helping a friend or family
member is another reason individuals adopt.
Because they lack the means (time, energy, etc.) to have a child of their own, some
couples decide that adoption is the way to go. Time runs out for women who are
focused on their careers, and they may feel pushed to adopt when that happens.
An other option is to take a hormone pill such as Mala-D or another way to prevent
conception before or after marriage. Many couples experience many abortions as a
result of in vitro fertilisation or other methods used before and after marriage. If that
doesn't work, they may pursue adoption.
There are a lot of reasons why a lot of people nowadays would rather not tie the knot
than be married. In addition, anyone can legally adopt a child, thus those who do not
choose to be married can still feel the love and nurturing arms of a mother through
adoption.
i

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CHAPTER –III

LAWS PROTECTING CHILDREN IN INDIA

3.2 IMPORTANCE OF CHILDREN AND THEIR RIGHTS:

3.3 INTERNATIONAL INSTRUMENTS THAT DEALS WITH

a) Using artistic and intellectual endeavours to advance economic equity, social

The 1948 Declaration on the Rights of Man (3.3.2)

3.3.2 Universal Declaration of Human Rights 1948:

What is the level of importance of children's rights?

3.3.4 International Covenant on Civil and Political Rights, 1966:

An organization's or a nation's charter is a formal document that defines the group's or

c) Statements are delivered with an air of stern authori

a) Using artistic and intellectual endeavours to advance economic equity, social

The 1948 Declaration on the Rights of Man (3.3.2)

3.3.5 European Convention for the Protection of Human Rights and

Thirdly, the kid has to be of legal adoptionable age.

Potential Adopted Individuals (3.2.4):

Important Steps in the Adoption Process (3.4.15)

3.3.8 Convention on the Rights of Child, 1989:

3.3.9 Hague Convention on Protection of Children and Cooperation in

3.3.10 Significance and Relevance of the Hague Convention to India:

Criteria for Prospective Adoptive Parents Section 3.4.2

3.4 NATIONAL INSTRUMENTS DEALS WITH ADOPTION:

3.4.1 Constitution of India

Process for declaring surrendered children legally free for adoption:

A parent or guardian willing to relinquish a child due to physical, emotional or

b) The names address and identity proof of the biological parents or

c) Details of close relatives of the biological parents(s) if available

d) Details of sibling(s), if any

e) Known medical history of the child and biological parents(s)

g) When the child is to be surrender to Specialize Adoption Agency or Child

Availability of child for adoption:

Duration of child is declared legally free for adoption.

After 60 days • If the child is below 5 years of age .

• If the child is above 5 years of age or is a

• If the child has any mental or physical

Criteria for eligible children:

1) The child should be legally free for adoption

2) Siblings/twins/triplets, etc should not be separated

e) Known medical histories of biological parents and children; f) Child's circumstances

3.5 TYPES OF ADOPTION

1) In- Country Adoption

a) Adoption of Orphan , abandoned or surrender children:

Adoption of orphans, abandoned, turned-in or surrendered children:

c) Approval via steppfathers:

2) Adoption From All Around World

a) Acceptance of children's surrenders, orphans, forsaken.

a) Procedure for In Country adoption of Orphan, Abandoned and surrender Children:

PAPs register online for adopting a OAS children produced before

Placed in SAA for immediate

PAPs based on choice and Declared legally free by CWC

Stage six: grouping

3.6 Comparative Adopuation Against National

The Indian government or an approved international adoption agency can provide

The 3.7 Indian Rupees Adoption Fee via Cara

2) Childminders, Inc. Fee for Adoption

2) Following adoption, expenses linked to maintenance:

3.8 GOVERNMENT POLICY RELATING TO CHILD ADOPTION

Sponsorship Program: Three

ADOPTION IN INDIA: ISSUES AND CHALLENGES

4.1 LEGAL FRAMEWORK GOVERNING ADOPTION IN INDIA