Adoption is a way of providing new families for children who cannot be brought up by their biological parents for any reason. It is a legal procedure in which all parental responsibility is transferred to the adopted parents. An adopted child loses all legal ties with his/her birth parents and becomes a member of the adoptive family, taking the family’s name with all the rights, privileges and responsibilities as that of a biological child.
‘Adoption’ – As defined in Sec 56 of JJ Act, 2015.
- Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority.
- Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority.
- Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956.
- All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority.
- Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of section 80.
The Fundamental Principles that shall govern Adoption of children from India, AS defined in Reg 3 of Adoption Regulations 2017
- the child’s best interests shall be of paramount consideration, while processing any adoption placement;
- preference shall be given to place the child in adoption with Indian citizens and with due regard to the principle of placement of the child in his own socio-cultural environment, as far as possible;
- all adoptions shall be registered on Child Adoption Resource Information and Guidance System and the confidentiality of the same shall be maintained by the Authority.