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18. Explain in detail about “Adoption” under the Juvenile Justice Act, 2015.

  • Definition of Adoption: Section 56 defines adoption as the legal process through which a child becomes the lawful child of adoptive parents.
  • Regulatory Authority: The Central Adoption Resource Authority (CARA) regulates adoption procedures and guidelines.
  • Who Can Adopt: Indian citizens, NRIs, and foreign nationals can adopt under the Act.
  • In-Country Adoption: The Act promotes in-country adoption, prioritizing the child’s placement within India.
  • Eligibility Criteria: Prospective adoptive parents (PAPs) must meet eligibility criteria under Section 57, including being physically and mentally fit.
  • Inter-Country Adoption: Inter-country adoptions are facilitated under the Hague Adoption Convention and CARA guidelines.
  • Declaration of Legally Free for Adoption: Orphaned, abandoned, or surrendered children are declared legally free for adoption after an inquiry by the CWC.
  • Best Interests of the Child: Adoption procedures ensure that the child’s best interests are prioritized, with safeguards to prevent trafficking.
  • Relative and Step-Parent Adoption: The Act allows for relative adoptions and includes provisions for step-parents adopting a spouse’s child.
  • Court Finalization: All adoption orders are finalized by the court, providing the child with legal rights as a biological child.
  • Confidentiality of Records: Records of adopted children are maintained confidentially, ensuring their right to know their biological parents if permissible.
  • Revocation of Adoption: Adoption can be revoked only under extraordinary circumstances, with court approval.
  • Case Law – Lakshmi Kant Pandey v. Union of India (1984): Highlighted the importance of transparent procedures and the child’s welfare in adoption cases.
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