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Indian adoption laws
 

Indian adoption laws

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    Indian adoption laws Indian adoption laws Presentation Transcript

    • INDIAN ADOPTION LAWS
      FILMA VARGHESE
      ALTACIT GLOBAL
    • ADOPTION
      Adoption is a legal process by which a child is placed with a married couple or a single female who agree to raise her as their own child and assume all responsibility for her.
    • LAWS GOVERNING ADOPTION
      • Hindu Adoption and Maintenance Act of 1956 (Hindus, Jain, Sikhs or Buddhists)
      • Guardian and Wards Act of 1890 (Foreign citizens, NRIs and Indian nationals who are Muslims, Christians or Jews)
      • Juvenile Justice Act of 2000 (a part of which deals with Adoption of children by non-Hindu parents)
    • REQUIREMENTS FOR A VALID ADOPTION
      No adoption is valid unless
      • The person adopting is lawfully capable of taking in adoption.
      • The person giving in adoption is lawfully capable of giving in adoption.
      • The person adopted is lawfully capable of being taken in adoption.
      • The adoption is completed by an actual giving and taking and after the ceremony called Datta Homan (oblation to the fire) has been performed. However this may not be essential in all cases as to the validity of adoption.
    • WHO MAY ADOPT A CHILD?
      • An Indian
      • Non Resident Indian
      • A foreign citizen
      A single female (unmarried, widowed or divorced) or a married couple
    • CAPACITY TO GIVE THE CHILD FOR ADOPTION
      • Father or mother or guardian of the child.
      • The father alone if mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
      • The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
      • Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown - the guardian of the child may give the child in adoption with the previous permission of the court.
    • CONDITIONS TO BE FULFILLED BY AN ADOPTIVE PARENT
      • Medically fit and financially able to care for a child
      • Must be at least 21 years old
      • No legal upper age limit for parents
      • Adoption of the older children, age of the parents may be relaxed
      • Adopted child with special needs, the age limit may be relaxed
      • If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a son living at the time of adoption.
      • If the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a daughter living at the time of adoption.
    • HINDU ADOPTION AND MAINTENANCE ACT OF 1956
      • An adoptive parent is allowed to ask for a child, as per her preferences (age, gender, skin colour, religion, specific features and health condition)
      • A single parent or married couples are not permitted to adopt more than one child of the same sex.
    • PROCESS OF ADOPTION
      STEP 1: REGISTRAION
      • Register in a genuine adoption coordinating agency
      • Never register with multiple agencies
      • Central & State Governments have recognized adoption agencies in most of the state
      • Prepare the documentation, submit the same to the agency and get registered.  
      STEP 2: HOME STUDY AND COUNSELING
      • Home Study at the couple’s residence
      • Assess the couple’s parenting abilities - applicant’s motivations, preparations, strengths and weaknesses on the issue of Adoption
      • This step is formulated into a report and is submitted to the honorable court.
    • PROCESS OF ADOPTION
      STEP 3: REFERRAL OF THE CHILD
       
      • The agency will show medical file, Physical Examination Report and other relevant information of the child.
      • Once the couple is comfortable about the details given about the child, the agency will show the child physically.
      • The couple can spend time with the child.
      • Once comfortable - future formalities
      STEP 4:ACCEPTANCE OF THE CHILD
      • Once the couple identifies the child, they can sign the documents pertaining to the acceptance of the child
    • PROCESS OF ADOPTION
      STEP 5: FILING OF PETITION
       
      • Documentations made by the couple to the agency and the child’s documents are sent to the lawyer for preparation of the petition
      • Once the petition is ready the couple will be called at the court and sign the same in presence of the court officer.
      STEP 6: COURT HEARING
      • The couple should attend the court hearing along with the child (not an open court)
      • The Judge may ask simple questions. If satisfied will pass the order and will also mention the amount to be invested in the child’s name.
    • PROCESS OF ADOPTION
      STEP 7: COURT ORDER
      • Once the amount is invested and the receipt is shown to the Judge the order will be issued.
      • If the adoption is under Hindu Adoption and Maintenance Act of 1956, then a Deed of Adoption is prepared and the same needs to be registered with the local registrar’s office.
      • There is no such requirement in adoptions done under Guardian and Wards Act of 1890 & Juvenile Justice Act of 2000 Acts.
      STEP 8: FOLLOW UP
      • After the final adoption the agency needs to submit follow up reports to the court about the child’s well being. (For 1-2 years)
    • GUARDIAN AND WARDS ACT OF 1890
      • A foreign national adopts an Indian child under the provisions of the Guardian and Wards Act, 1890.
      • The adoptive parent is only the guardian of the child until she reaches 18 years of age.
      • An adoptive parent is allowed to ask for a child, as per her preferences (age, gender, skin colour, religion, specific features and health condition)
      • Foreign citizens and NRIs supposed to adopt according to the adoption laws and procedures in the country of their residence.
    • PROCESS OF ADOPTION
      • Register in a Social or Child Welfare Agency licensed or recognized by the government of the country in which the foreigner resides.
      • Agency will appoint a professional social worker to prepare a Home Study Report.
      • Foreign national is required to submit supporting documents along with his application and declaration of willingness.
      • The application will be filed by the Indian welfare agency or a person duly authorized by them.
      • The application for guardianship must be made before the court of the District Judge within whose jurisdiction the Social and Welfare Child Agency in India that is processing the application of the foreigner is located.
      • The court will first hear all the concerned parties and examine all the documents.
      • The court must be satisfied that the foreigner will be a suitable adoptive parent for the child and will provide the child a secure and loving home.
      • If the court is satisfied on all these counts, it will pass an order appointing the foreigner as the child's guardian and the foreigner will be allowed to take the child back to his country with a view to eventual adoption.
    • PROCESS OF ADOPTION
      L.K. Pandey vs. Union of India - The Supreme Court of India has laid down certain guidelines for foreign adoption in an attempt to safeguard the interests of the children.
      • Applications made under the Guardians and Wards Act, 1890 has to be disposed of within 2 months.
      • Requirement for personal presence of the foreign national.
    • JUVENILE JUSTICE ACT OF 2000
      Children who have been abandoned or abused and not those children who have been voluntarily put up for adoption.
    • CONCLUSION
      Adoption is the creation of a new, permanent relationship between an adoptive parent and child. Once this happens, there is no legal difference between a child who is adopted and a child who is born into a family.