Children Legally Free for Adoption

Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law,¹ which terminates the legal relationship that the child has with their biological parents.² 

The Child Welfare Committee (CWC) takes the decision to declare a child free for adoption, after: it conducts inquiries, which includes:

• A report by the probation officer/social worker,
• Consent of the child (if they are old enough),
• The required declaration submitted by the District Child Protection Unit and the Child Care Institution or Specialized Adoption Agency, etc.² 

The following categories of children may be declared as legally free for adoption:

• Orphans:³ Children without parents (biological or adoptive) or legal guardian, or whose legal guardian is not capable or willing to take care of the child.
• Abandoned children: Children deserted by the parents (biological or adoptive) or guardians, and who are declared as abandoned children by the Child Welfare Committee.³
• Surrendered children – Children who are given up by the parent/guardian, and declared as surrendered children by the Child Welfare Committee.³ 
• A child of mentally retarded parents.⁴ 
• An unwanted child of a survivor of sexual assault.⁴ 

1. Juvenile Justice (Care and Protection of Children) Act, 2015[↩]
2. Schedule I, Adoption Regulations, 2017[↩][↩]
3. Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015[↩][↩][↩]
4. Section 38(3), Juvenile Justice (Care and Protection of Children) Act, 2015[↩][↩]