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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.

Friday, February 12, 2010

Can I foster a child before adoption? (Q and A)

I would like to foster a child before adopting. I would like to know if it is allowed and what does the law say about it?

Your motive to foster a child need to be understood. If your motive is to test the baby to see if he/ she fits your family and throw it away if he/ she doesn't fit, is unacceptable. Adoption agencies do give the children for pre-adoption foster care for the following reasons:

From the time a family accepts the referral to completing the legal procedure (in the court) it can take a long time so in the best interest of the child, they allow you to take the child home while the process is going on simultaneously. It is covered under a rule called "Pre-Adoption Foster Care" in Juvenile & Justice Act or JJ Act.

This is what the law (JJ Act) says about "Pre-Adoption Foster Care":

Rule 36 of JJ Act says this:

In case of pre-adoption foster care, the provisions contained in sub-section (1) of section 42 (See below) and the corresponding guidelines notified under sub-section (3) of section 41 ( See below) of the Act, shall apply.

Sub Section (1) of section 42 of the JJ Act says this:

The foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.

Sub Section (3) of section 41 of the JJ Act says this:

In keeping with the various guidelines for adoptino issued from 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.

This is the law and it applies to anyone that is trying to adopt an Indian child (Whether Indian or non Indian).

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