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What Is Legal Adoption
What Is Legal Adoption
What Is Legal Adoption
According to the Juvenile Justice (Care and Protection of Children) change Act, 2006,
once a child is separated from his biological parents for good and becomes a legitimate
child of his adoptive parents he gets all the rights that are related to biological parents.
If a Foreigner wants to adopt an Indian Child then he has to approach the court under
the Guardian and Wards Act, 1890 and if they want to take the Indian Child out of the
While under the Hindu Minority and Guardianship Act, 1956, the Guardian should be
Natural Guardian or Guardian appointed by the Court. Natural Guardian for both the
Boys and the Unmarried Girls is first the father and then the mother. Under Muslim
As per Hindu Shastra, it is believed that the adopted son is a reflection of the natural
son of Adoptive Parents. This helps in guaranteeing the protection and care of the
adopted son. Once a child for good is separated from his biological parents and
becomes a legitimate child of his adoptive parents, he has all the rights that are related
to adoptive parents. This means the adoptive child cannot marry the other adoptive
A married or unmarried male, a married or unmarried female, NRI may adopt a child.
Any male Hindu, having a sound mind, a major, and is eligible for adopting a child can
adopt a child. If the male Hindu is married and wants to adopt a child he has to take
the consent of his wife as well before adoption, and the consent should be free.
Any Female Hindu, having a sound mind, a major, and is eligible for adopting a child
can adopt a child. If the Female Hindu is married and wants to adopt a child she has
to take the consent of her husband as well before adoption, and the consent should
be free.
1. When a Hindu male or a Female want to adopt a son, they should not have a
2. When a male or a Female Hindu want to adopt a daughter, they should not
In personal laws like Muslim Law, Christian Law, Paris Law, the condition for a valid
Adoption are not at all given so if they have to adopt a child they can adopt as per the
Guardians and Wards Act. But according to the adoption under the Guardians and
Wards Act, the person becomes a guardian of the child and not the adoptive parent.
In this case, it was held that, if a Muslim person has a desire to adopt a child he can
In Hindu law, the different provisions with respect to Adoption are given but in personal
laws like Muslim law, Christian Law, Parsis Law, no separate laws are given so they
have to approach the court for adoption under the Guardians and Wards Act, 1890.
Inter-country adoption
In India, the adoption of an Indian Child by a foreign citizen or NRI has been covered
under the Guidelines i.e. Adoption of Children, 2015. These guidelines are made to
stop the misuse or illegal use of children through adoption. As per the Supreme Court,
a foreigner can adopt an Indian child before the age of 3 years. In the absence of any
concrete act on intercountry adoption, the provisions of Guardians and Wards Act,
1890 will be followed for adoption.
adoption can be done as per the Juvenile Justice (Care and Protection of Children)
Act, 2015.
But the Guardians and Wards Act, 1890 does not have any provision regarding the
adoption of orphans, abandoned child. Section 58 of this Juvenile Justice (Care and
Protection of Children) Act defines that any Indian citizen of India, irrespective of their
child, he/she have to apply for the same to a Specialised Adoption Agency(SAA).
Section 57 under the Juvenile Justice (Care and Protection of Children) Act tells about
(Care and Protection of Children) Act, the adoptive parents should be physically fit,
financially sound, mentally alert and highly motivated to adopt a child for providing
hi/her a good upbringing and both partners must consent for the adoption.
According to Hindu Law, any child can be adopted as per some conditions:
As per the Guardians and Wards Act, 1890 any child can be adopted as per some
conditions:
1. As per the Hindu Adoption and Maintenance Act, 1956 if the party is willing to
adopt a child they have to make an application to a child welfare agency. The
registration of adoptive parents and child can be done by the agency certified
2. The next step is, the registered agent will conduct an interview of the Adoptive
3. When the adoptive couple decides which child they want to adopt they have to
file the petition under the act and the court starts the hearings.
4. Last, the court will pass a decree and the adoption is finalized.
Under The Guardianship and Wards Act, 1890 if the party is willing to adopt a child
they have to file an application to the court and has to disclose their intention i.e. why
they want to adopt a child. The court will give a date and on that date, a hearing will
be placed. The adoptive couple tells the court about the child they want to adopt. Last,
As per the Guardians and Wards Act, 1890 any child can be adopted as per the
following conditions:
hearings, and the petition has to be disposed of within two months of the filing of the
petition. The certified copy of the order has to be obtained by the agency within 10
days. The agency must also obtain the birth certificate of the child, with the names of
Adopting a child in India is a long process. Earlier, parents who wished to adopt would
go to the nearest agency and register. The agency would match the preferences of the
couple with the children available. The match may or may not happen, and would take
months, even years. Now, all adoption agencies have to upload details and the Central
Adoption Resource Authority (CARA) software will match preferences across the
1. As per the Hindu Adoption and Maintenance Act, the child who completes the
age of years is not entitled to be given under adoption unless the party i.e. the
adoptive couple�s custom allows them to do so. If the custom allows adopting
a child who complete years of age then that adoption can be valid.
2. But As per the Guardians and Wards Act, the child who is below 18 years of
Can a person specify the gender of the child he/she wants to adopt?
An adoptive couple has a right to specify the gender of the child, and can also specify
the colour of the skin, the religion of the child and then decide which child they want
to adopt.
The adoptive couple can adopt a child if they already have one. The condition is based
on the gender of the child. Under the Hindu Adoption and Maintenance Act, the Hindu
can adopt a child of different gender if they already have one child.
Illustration
Situation 1: If A and B already have a male child, and want to adopt a girl child then
they can adopt as per provision under the Hindu Adoption and Maintenance Act.
Situation 2: If A and B already have a male child, and want to adopt a male child then
they cannot adopt as per provision under the Hindu Adoption and Maintenance Act.
In Hindu law, the different provisions with respect to Adoption are given but in personal
laws like Muslim law, Christian Law, Parsis Law, no separate laws are given so they
have to approach the court for adoption under the Guardians and Wards Act, 1890.
Under The Guardianship and Wards Act, 1890 if the party is willing to adopt a child
they have to file an application to the court and has to disclose their intention i.e. why
they want to adopt a child. The court will give a date and on that date, a hearing will
be placed. The adoptive couple decide tells the court about the child they want to
adopt. Last, the court will pass a decree and the adoption is finalized.
As per the Guardians and Wards Act, 1890 any child can be adopted as per some
conditions:
1. The child is not Hindu
hearings, and the petition has to be disposed of within two months of the filing of the
petition. The certified copy of the order has to be obtained by the agency within 10
days. The agency must also obtain the birth certificate of the child, with the names of
Conclusion
means willfully adopt a Child and treated like one�s own Child. In Hindu law, the
different provisions with respect to Adoption are given but in personal laws like Muslim
law, Christian Law, Parsis Law, no separate laws are given so they have to approach
the court for adoption under the Guardians and Wards Act, 1890.
Once a child for good is separated from his biological parents and become a legitimate
child of his adoptive parents and have all the rights that are related to adoptive parents.
This means the adoptive child cannot marry other the adoptive child or real child of his
adoptive parents, In the modern adoption laws, Adopting a child is considered a good
deed performed by humans. Generally, Adoption means willfully adopt a Child and
adoption of orphans, abandoned child. Section 58 of this Juvenile Justice (Care and
Protection of Children) Act defines that any Indian citizen of India, irrespective of their
for the same to a Specialised Adoption Agency, in the manner as provided in the