Adoption Under the 2015 Act

In one line

Adoption secures the right to a family for the orphan, abandoned and surrendered child, is available to Indians, non-resident Indians, overseas citizens, persons of Indian origin and foreigners irrespective of religion, is ordered by the District Magistrate within two months in camera, and makes the child the adoptive parents' child for all purposes including intestacy.

In the wording a student can write in an exam: section 63 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that a child in respect of whom an adoption order is issued by the District Magistrate shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to them, for all purposes including intestacy, with effect from the date the order takes effect.

Section 56, the frame

Sub-section (1). Adoption shall be resorted to for ensuring the right to family for orphan, abandoned and surrendered children, under the Act, the rules and the adoption regulations framed by the Authority.

Sub-section (2). Adoption of a child from a relative by another relative, irrespective of their religion, may be made under the Act and the adoption regulations.

Sub-section (3), the great saving. Nothing in this Act shall apply to the adoption of children made under the Hindu Adoptions and Maintenance Act, 1956.

Sub-section (4). All inter-country adoptions shall be done only under this Act and the adoption regulations.

Sub-section (5). A 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 a person in a foreign country, without a valid order from the District Magistrate, is punishable under section 80.

Sub-section (3) is the answer to the question about personal law. This Act runs alongside the Hindu statute and does not displace it. A Hindu family may adopt under either. The Act is the only route for everyone else, and the only route for any inter-country adoption.

Section 57, who may adopt

Sub-section (1). Prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child and give him a good upbringing.

Sub-section (2). In the case of a couple, the consent of both spouses is required.

Sub-section (3). A single or divorced person may also adopt, subject to the criteria and the adoption regulations.

Sub-section (4). A single male is not eligible to adopt a girl child.

Sub-section (5). Any other criteria in the adoption regulations.

Compare section 41(6) of the 2000 Act as substituted in 2006. It allowed adoption by a person irrespective of marital status, by parents adopting a child of the same sex whatever their biological children, and by childless couples. Section 57 states positive criteria instead, and adds the two rules in sub-sections (2) and (4).