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Now we have a new legislation called "Juvenile & Justice Act, 2015" replacing the JJ Act of 2000. In this new act, adoption has assumed a significant importance with an exclusive chapter. Subscribe and follow this blog for more information in the days to come.

Monday, November 09, 2009

Clarity in Indian adoption laws from 2000 Act to 2007 Act

JJ Act 2000 was amended to give much needed clarity in 2006. I am trying to post two version of the act of 2000 and 2006 to enable our readers to see the clarity for themselves. Text in red is the act of 2000 which no longer in effect but the text below in green is the act in existence now. Please write in the comments section below if you have any questions and I would like to get more info for you before I leave Delhi. Adoption is discussed in section 41 of the JJ Act.

Section 41. Adoption.-

2000 Act

(1) The primary responsibility for providing care and protection to children shall be that of his family.

(2) Adoption shall be resorted to for the rehabilitation of such children as are orphaned, abandoned, neglected and abused through institutional and non-institutional methods.

(3) In keeping with the provisions of the various guidelines for adoption issued from time to time by the State Government, the Board shall be empowered to give children in adoption and carry out such investigations as are required or giving children in adoption in accordance with the guidelines issued by the State Government from time to time in this regard.

(4) The children's homes or the State Government run institutions for orphans shall be recognised as an adoption agencies both for scrutiny and placement of such children for adoption in accordance with the guidelines issued under sub-section (3).

(5) No child shall be offered for adoption-

a. until two members of the Committee declare the child legally free for placement in the case of abandoned children,
b. till the two months period for reconsideration by the parent is over in the case of surrendered children, and
c. without his consent in the case of a child who can understand and express his consent.

(6) The Board may allow a child to be given in adoption-
d. to a single parent, and
e. to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters.

2006 Act
(i) for sub-sections (2), (3) and (4), the following sub-sections shall be substituted, namely:- '

"(2) Adoption shall be resorted to for the rehabilitation of the children who are orphan, abandoned or surrendered through such mechanism as may be prescribed,

(3) In keeping with the provisions of the various guidelines for adoption issued iTom time to time, by the State Government, or the Central Adoption Resource Agency and notified by the Central Government, children may be given in adoption by a court after satisfying itself regarding the investigations having been carried out, as are required for giving such children in adoption.

(4) The State Government shall recognise one or more of its institutions or voluntary organisations in each district as specialised adoption agencies in such manner as may be prescribed for the placement of orphan, abandoned or surrendered children for adoption in accordance with the guidelines notified under sub-section(3): .


Provided that the children's homes and the institutions run by the State Government or a voluntary organization for children in need of care and protection, who are orphan, abandoned or surrendered, shall ensure that these children are declared free for adoption by the Committee and all such cases shall be referred to the adoption agency in that district for placement of such children in adoption


in accordance with the guidelines notified under sub-section (3).";
(iz) for sub-section (6), the following sub-section shall be substituted, namely:-
"(6) The court may allow a child to be given in ?doption-
(a) To a person irrespective of marital status; or
(b) To parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or
(c) To childless couples.". .

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