The document summarizes the adoption process in India. It outlines the key laws governing adoption, including the Hindu Adoption and Maintenance Act of 1956, Guardian and Wards Act of 1890, and Juvenile Justice Act of 2000. It describes the eligibility criteria for prospective adoptive parents and children, the steps in the adoption procedure including home study, court hearings, and follow ups, and differences in adoption processes for Indians versus foreign nationals. The overall adoption process aims to provide children in need of homes with secure families while protecting their rights and welfare.

1. SEMINAR
ON
ADOPTION PROCEDURE
• Presented by :
• Rupali Arora
• MSc nursing 1st
year

2. INTRODUCTION
Adoption is the social, emotional and legal process in which
children who will not be raised by their birth parents become
full and permanent legal members of another family while
maintaining genetic and psychological connections to their
birth family.

3. DEFINITION
• 1. Adoption is a legal process by which a child is placed with a married
couple or a single female who agree to raise him/ her as their own and
assume all responsibilities for him / her.
• 2. Adoption is the creation of a new, permanent relationship between
an adoptive parent and child and the child takes the place of a biological
child to all intents and purpose.

4. LAWS GOVERNING THE ADOPTION
• 1. THE HINDU ADOPTION AND MAINTENANCE ACT ,1956 which deals with adoption by
individuals belonging to Hindu, Sikhs, Jains, Buddhists.
• 2. GUARDIAN ANDD WARDS ACT, 1890 which deals with adoption by foreign citizens,
Indian nationals, NRI who are muslims, Christians or jews.
• 3. JUVENILE JUSTICE ACT,2000 which deals in part with adoption of children by non
hindu parents.

5. WHO MAY ADOPT A CHILD?
• 1. An Indian
• 2. Non resident Indian
• 3. Foreign citizen
• A single female ( unmarried, widowed or divorced) or a
married couple.

6. REQUIREMENTS FOR A VALID ADOPTION
• No adoption is valid unless:
• 1. The person adopting is lawfully capable of taking in adoption.
• 2. The person giving in adoption is lawfully capable of giving in adoption.
• 3. The person adopted is lawfully capable of being taken in adoption.
• 4. 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.
•

7. CAPACITY TO GIVE THE CHILD FOR
ADOPTION
• 1. Father or mother or guardian of the child.
• 2. 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.
• 3. 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.

8. • 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.

9. CONDITIONS TO BE FULFILLED BY
ADOPTIVE PARENTS
• 1. Must be at least 21 years old
• 2. No legal upper age limit for parents
• 3. Adoption of the older children, age of the parents may be
relaxed
• 4. Adopted child with special needs, the age limit may be relaxed
• 5. 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.
• 6. 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

10. • HINDU ADOPTION AND MAINTENANCE ACT OF 1956
• 1. An adoptive parent is allowed to ask for a child, as per
her preferences (age, gender, skin colour, religion, specific
features and health condition)
• 2. A single parent or married couples are not permitted to
adopt more than one child of the same sex

11. ADOPTION PROCEDURE
• 1. REGISTRATION
• a) Register in a genuine adoption coordinating
agency
• b) Never register with multiple agencies
• c) Central & State Governments have
recognized adoption agencies in most of the state
• d )Prepare the documentation, submit the same to
the agency and get registered.

12. • 2. HOME STUDY AND COUNSELLING
• 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
• 3. REFERRAL OF THE CHILD
• a) The agency will show medical file, Physical Examination Report and other relevant
information of the child.
• b) Once the couple is comfortable about the details given about the child, the agency
will show the child physically.
• c) The couple can spend time with the child.
• Once comfortable - future formalities

13. • 4. ACCEPTANCE OF THE CHILD
• Once the couple identifies the child, they can sign
the documents pertaining to the acceptance of the
child
• 5. FILLING THE PITION
• a) Documentations made by the couple to the
agency and the child’s documents are sent to the
lawyer for preparation of the petition.
• b) Once the petition is ready the couple will be
called at the court and sign the same in presence
of the court officer.

14. • 6. COURT HEARING
• a) The couple should attend the court hearing along with the child (not an open court)
• b) 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.
• 7. COURT ORDER
• a) Once the amount is invested and the receipt is shown to the Judge the order will be issued.
• b) 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.
• 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)

15. GUARDIAN AND WARDS ACT OF 1890
• 1. A foreign national adopts an Indian child under the provisions of the
Guardian and Wards Act, 1890
• 2. The adoptive parent is only the guardian of the child until she reaches 18
years of age.
• 3. An adoptive parent is allowed to ask for a child, as per her preferences (age,
gender, skin colour, religion, specific features and health condition)
• 4. Foreign citizens and NRIs supposed to adopt according to the adoption laws
and procedures in the country of their residence.

16. PROCESS OF ADOPTION
• a) Register in a Social or Child Welfare Agency licensed or recognized by the
government of the country in which the foreigner resides.
• b) Agency will appoint a professional social worker to prepare a Home Study
Report.
• c) Foreign national is required to submit supporting documents along with
his application and declaration of willingness.
• d) The application will be filed by the Indian welfare agency or a person duly
authorized by them.

17. • e) 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.
• f) The court will first hear all the concerned parties and examine
all the documents.
• g) 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.

18. • h) 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.
• 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

19. JUVENILE JUSTICE ACT OF 2000
• Children who have been abandoned or abused and not those
children who have been voluntarily put up for adoption

20. 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