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Who can Give a Child in Adoption?

    Home Family Adoption Who can Give a Child in Adoption?
    NextPrevious

    Who can Give a Child in Adoption?

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

    Under the non-religious law on adoption,1 you cannot give up your child for adoption, but as a parent or a guardian you have the option to surrender your child.2 Surrendering means you give up your child for physical, emotional or social factors beyond your control.This would end your legal relationship with the child and you will not have to bear the responsibilities and privileges that are borne out of that relation once the Child Welfare Committee (CWC) acknowledges that you have surrendered the child.3 Thereafter, the CWC will decide what to do with the surrendered child, and may declare him/her as legally free for adoption. 

     

    Under the Hindu law on adoption,4 the following persons5 may give up a child in adoption:

    • The biological mother or father of the child, as long as the person wishing to give a child for adoption has the consent of the other biological parent. For example, if you, as the biological mother of Rama wants to give her up for adoption, you must have Rama’s biological father’s consent. This does not apply if the other parent is of unsound mind or has renounced the world or is no longer a Hindu.
    • A guardian caring for a child may give him/her up for adoption under certain conditions, with the Court’s permission. 
    1
    1. Juvenile Justice (Care and Protection of Children) Act, 2015[↩]
    2. Section 35(1), Juvenile Justice (Care and Protection of Children) Act, 2015[↩]
    3. Schedule I, Adoption Regulations, 2017[↩]
    4. Hindu Adoption and Maintenance Act, 1956[↩]
    5. Section 9, Hindu Adoption and Maintenance Act, 1956[↩]
    Adoption, Adoption in India, Giving a Child in Adoption

    Related Post

    • 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

      2

    • 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

      2

    • 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

      1

    • 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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        • Muslim Marriage
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