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20. Discuss the eligibility criteria and safeguards for adoption under the Juvenile Justice Act, 2015.

Eligibility Criteria for Adoption:

  • Capability of PAPs: Section 57 specifies that Prospective Adoptive Parents (PAPs) must be physically, mentally, and financially capable of taking care of the child.
  • Single Female: A single female can adopt a child of any gender.
  • Single Male: A single male can adopt only a male child.
  • Married Couples: Married couples must have a stable relationship to be eligible.
  • Medical Conditions: PAPs must not have any life-threatening medical conditions.
  • Age Criteria: Age criteria ensure PAPs are suitable for the child’s upbringing.
  • Inter-Country Adoption: Inter-country adoption requires NOCs from CARA and compliance with international conventions.
  • Eligible Children: Orphaned, abandoned, and surrendered children are eligible for adoption under Section 58.

Safeguards for Adoption:

  • Sibling Placement: Sibling placement is encouraged to keep families together.
  • Focus on Disabled and Older Children: Special focus is given to disabled and older children to find them suitable homes.
  • Court Orders: Court orders finalize adoptions, giving the child full rights within the adoptive family.
  • Confidentiality: Confidentiality of adoption records protects the child’s privacy.
  • Background Checks: Safeguards include stringent background checks and post-adoption monitoring.
  • Case Law – Malti Roy v. Union of India (2019): Upheld strict compliance with safeguards to prevent misuse of adoption laws.
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