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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, December 07, 2009

How an abandoned child does come into an adoption stream in India?

So far as the adoption is considered in India today, it is governed by the ‘Juvenile and Justice Act, 2001 (Amended in 2006)’ Adoption can be finalized under different laws depending on one’s own choice (HAMA, GAWA and JJ Act) but bringing the child into the stream of adoption remains the same for all the children.

JJ Act central rules (Sub clause i to vii of sub rule g of rule 33) states the following:

(3) In case of orphaned and abandoned children the following procedure shall apply, namely –

(g) procedure for declaring a child abandoned and certifying him legally free for adoption;

(i) in case of an abandoned child, the recognized agency shall within twenty-four hours, report and produce the child before the Committee (Child Welfare Committee or 'CWC') with the copy of the report filed with the police station in whose jurisdiction the child was found abandoned;

(ii) the Committee will institute a process of inquiry, which shall include a thorough inquiry conducted by the Probation Officer or a Child Welfare Officer, as the case may be and who shall give report in Form XIII to the Committee containing the findings with one month;

(iii) there shall be a declaration by the specialized adoption agency, stating that there has been no claimant for the child even after making notification in at least one leading national newpaper and one regional language newspaper for children below two year of age and for children above two years, and additional television or radio announcement and notification to the missing persons squad or bureau shall be made;

(iv) the steps stated in (iii) shall be taken with the period of sixty days from the time when the child is found in case of child below two years of age and in case of children above two years of age, this period shall be four months;

(v) the period of notification shall run concurrently with the inquiry to be conducted and report submitted under clause (ii) of this sub-rule;

(vi) the Committee shall declare the child legally free for adoption on completion of the process of inquiry, including a declaration of the specialized adoption agency made under clauses (ii) and (iii) of this sub-rule;

(vii) no child above severs who can understand and express his opinion shall be declared free for adoption without his consent.

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