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Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) which terminates the legal relationship that the child has with their biological parents.(( Schedule I, Adoption Regulations, 2017.))
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.(( Schedule I, Adoption Regulations, 2017.))
The following categories of children may be declared as legally free for adoption:
- Orphans:(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015)) 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.(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015.))
- Surrendered children – Children who are given up by the parent/guardian, and declared as surrendered children by the Child Welfare Committee.(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015.))
- A child of mentally retarded parents.(( Section 38(3), Juvenile Justice (Care and Protection of Children) Act, 2015.))
- An unwanted child of a survivor of sexual assault.(( Section 38(3), Juvenile Justice (Care and Protection of Children) Act, 2015.))
Shiva
February 13, 2024
I want to adopting.
age-16
gender-male
I haven’t father and mother.
Am from India,Odisha
Alka Manral
May 30, 2024
According to the Hindu Adoption and Maintenance Act 1956, the child being adopted must be : (i) a Hindu (ii) has not been adopted before (iii) unmarried, and (iv) less than fifteen years of age. The restriction of 15 years of age does not apply if there is a custom or usage applicable to the parties that allows a child of more than 15 years of age to be adopted. Hence, you cannot adopt a child of 16 years of age unless there is a custom or usage allowing you to do so.
For Muslims, Christians, and Parsis, full adoption is not recognized. Instead, they can opt for guardianship under the Guardians and Wards Act, 1980. The child is not given the same status as that of a biological child and cannot inherit the property legally. This relationship of guardian-ward lasts until the ward turns 21 years of age and then the ward assumes individual identity. However, if you want a full status of adoption, then a person of any religion is allowed to adopt under the Juvenile Justice Act, of 2015 subject to satisfying the eligibility requirements under the Act.