There's a lot of talk about JJ Act, 2000 (amended in 2006) being the provision for secular adoptions in India compared to the personal laws (Hindu Adoption & Maintainance Act or HAMA and Guardianship and Maintainance Act or GAWA) that governed Indian adoptions before. Unfortunately many people do not know the actual provisions of JJ Act on adoption. This post will help you understand that. JJ Act deals with adoption in Section 41 and here it is:
Section 41. Adoption:-
(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 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 from time to time, by the state government, or the central adoption resource agency, 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 or required for giving such children in adoption.
(4) The state government shall recognize one or more of its institutions or voluntary organization in each district as specialized 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 governments 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 adotption agency in that district for placement of such children in adoption in accordance with guidelines notified 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,
c. Without his consent in the case of a child who can understand and express his consent.
(6) The court may allow a child to be given in adotption –
a. To a person irrespective of a marital status or ;
b. To parents to adopt a child of same sex irrespective of the number of living biological sons or daughters;
c. To childless couples.
2 comments:
Hi, Ruby,
Do you know if this Act has been implemented in Bangalore as yet. My lawyer does not seem to be keen as yet to try to finalise adoption under this act
Pradeep, finalizing under JJ Act is not something everyone must do it. If you follow Hindu faith and doing under Hindu Adoption and Maintainance, it is perfectly fine but if you follow a faith that is non hindu, it used to be done under Guardianship and Wards Act or GAWA and this is where JJ Act becomes important. Under GAWA you only become guardian where as under JJ Act you become a parent.
So you must explain this to your lawyer and if your adoption is being done under GAWA, then explain the implications and find another lawyer who is proficient in JJ Act. Find out a JJ Act proficient lawyer by contacting State Commission for the Protection of Child Rights in Bangalore which is very active.
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