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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, May 14, 2012

Can the adopted child be surrendered? (Adoption Q & A)

Once the adoption is completed legally, can that be surrendered to the state for any reason?


Under the most secular law of adoption of India called the 'Juvenile and Justice Act', the definition of adoption goes like this: "Adoption" means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.

What I am reading and understanding from this definition is that when the adoption is completed (getting the legal document from the court), the child permanently becomes legitimate child of the adoptive parents and enjoys the same benefits as the biological child.  Well....this definition also included 'Responsibilities' of the relationship which means that the adoptive family has the responsibility to care for the child no matter what the difficulties may be.

I remember reading the news of a child who was put on a one way flight from the United States of America to Russia by an adoptive mother who revoked her legal adoption relationship because the child's medical status was never disclosed and the child had serious psychological problems.

If you look at the definition, it appears that there's no way anyone can revoke their relationship just like that but the precedence seem to indicate it other way.  Let's look at an analogy of biological birth of a child.  If the mother gives birth to a child after all the precautions that she has taken to ensure that the child in her womb is healthy, found out that child has serious health problems, would she blame the doctor (who did the tests) and abandon the child?  Perhaps not.  If so, then why in adoption??

Adopting a child is a serious life long decision which requires commitment and it must not be taken for granted because what we end up hurting is what precisely thought of helping - a child.  What are your thoughts?

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