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Children Legally Free for Adoption

    Home Family Adoption Children Legally Free for Adoption
    NextPrevious

    Children Legally Free for Adoption

    By Nyaaya | Adoption, Family | 0 comment | 8 January, 2020 | 1

    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 his/her 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 s/he is 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 victim of sexual assault.4 
    1
    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[↩][↩]
    Adoption, Adoption in India, Children Legally Free for Adoption

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    • Help and Support

      By Nyaaya | 0 comment

      If you require any help, support or you want to raise an issue regarding the adoption, you can contact the following authorities:  Child Adoption Resource Authority (CARA) CARA primarily deals with non-religious adoption1 of orphan,Read more

      2

    • Role of Courts

      By Nyaaya | 0 comment

      The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:   Adoption Order (Non-Religious Law)1 Under the non-religious law on adoption,2 theRead more

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    • Punishments Under Adoption Law

      By Nyaaya | 0 comment

      You may be punished if you do the following, regardless of the  law under which you have adopted a child: Illegally taking a child to a foreign country If you take or send  a childRead more

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    • Effects of Adoption

      By Nyaaya | 0 comment

      The following are the effects of adoption, regardless of which law you have adopted under:1 Child of Adoptive Parent: The child becomes the child of the adoptive parent(s), and the adoptive parent(s) become the parentsRead more

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    • Procedure for Hindu Adoption

      By Nyaaya | 0 comment

      Under the Hindu law on adoption,1 there is no set procedure on adopting a child. You do not have to follow any guidelines, but you may have to execute an adoption deed. For more detailsRead more

      1

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        • Christian Marriage
        • Divorce for Muslim Marriages
        • Divorce for Hindu Marriages
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        • Muslim Marriage
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