custody provisions under Guardians and Wards Act and Adoption under Juvenile Justice Justice Act, 2000

1. ANALYSIS OF ADOPTIONLAWS IN INDIA:
A CRITICAL
Adoption under Guardian’s and Wards Act, 1890 and Juvenile
Justice Act, 2000

2. GUARDIANS AND WARDS ACT, 1890
 "Minor" means a person who, under the
provisions of the Indian Majority Act, 1875 of
1875) is to be deemed not to have attained his
majority.
 "Guardian" means minor for whose person or
property or both there is a guardian.
 "Ward" means a minor for whose person or
property or both there is a guardian.

3. Appointment of Guardian
• Where the Court is satisfied that it is for the
welfare of a minor that an order should be made
appointing a guardian of his person or property
or both, or declaring a person to be such a
guardian the Court may make an order
accordingly. Section 7.
• If the application is with respect to the
guardianship of the person of the minor, it shall
be made to the District Court having jurisdiction
in the place where the minor ordinarily resides.
Section 9.

4. Points of Consideration
• In appointing or declaring the guardian of a minor, the
Court shall be guided by what, consistently with the law
to which the minor is subject, appears in the
circumstances to be for the welfare of the minor.
• In considering what will be for the welfare of the minor,
the Courts shall have regard to the age, sex and religion
of the minor, the character and capacity of the proposed
guardian and his nearness of kin to the minor, the wishes,
if any, of a deceased parent, and any existing or previous
relations of the proposed guardian with the minor or his
property.
• If the minor is old enough to form an intelligent
preference, the Court may consider that preference.
• The Court shall not appoint or declare any person to be a
guardian against his will.

5. • Fiduciary Relationship: A guardian stands in a
fiduciary relation to his ward, and, save as provided
by the will or other instrument, if any, by which he
was appointed, or by his act, he must not make any
profit out of his office. Section 20 (1).
• Remuneration: A guardian appointed or declared by
the Court shall be entitled to such allowances, if any,
as the Court thinks fit for his care and pains in the
execution of his duties. Section 22.
• Duties: A guardian of the person of a ward is charged
with the custody of the ward and must look to his
support, health and education, and such other
matters as the law to which the ward is subject
requires. (Section 24)

6. Juvenile Justice Act, 2000
• To consolidate and amend the law relating to
juveniles in conflict with law and children in need
of care and protection
• Adoption:
process through which the adopted child is
permanently separated from his biological
parents and
become the legitimate child of his adoptive
parents
with all the right, privileges and responsibilities
that are attached to the relationship

7. • child in need of care and protection’ means a
child - who is found without any home or
settled place or abode and without any
ostensible means of subsistence; who resides
with a person (whether a guardian of the child
or not) and such person has killed, abused or
neglected some other child or children and
there is a reasonable likelihood of the child in
question being killed, abused or neglected by
that person.
• a person who has not completed 18 years of
age is a juvenile under this Act, and can be
adopted by someone.

8. • No child shall be offered for adoption, until two
members of the Committee declare the child
legally free for placement in the case of abandoned
children,
• Till the two months period for reconsideration by
the parent is over in the case of surrendered
children, and
• Without his consent in the case of a child who can
understand and express his consent.
• Court may allow a child to be given in adoption to a
person irrespective of marital status or; to parents
to adopt a child of same sex irrespective of the
number of living biological sons or daughters; or to
childless couples.