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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 21, 2014

Is it necessary to produce an infertility certificate to adopt a child? (FAQ)



Often, families that are intending to adopt a child are asked to produce an infertility certificate issued by a medical doctor to facilitate home study report.  I do not know if there’s a certificate of that sort can be issued by the medical community, but if they do, nothing more embarrassing and violation of dignity of a person than that.  So, what do the families need to do then?

In this post, I’ll try to cover:


  • ·         What does the law speak about adoptions?

  • ·         What does the CARA guidelines on adoption – 2011 (latest) speak about it?

  • ·         Future course of action
Law that governs secular adoptions in India is called “Juvenile & Justice Act” and the section that covers adoptions (Section 41(6)) says the following:

The court may allow a child to be given in adoption –
(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

Para (20) of the latest CARA guidelines that govern adoptions in India (here is the link to the adoption guidelines) refers to schedule V for the list of documents to be submitted to the adoption agency that would facilitate the ‘Home Study Report’ (HSR).  Schedule V list the documents and sub-para (m) states this: IT IS CLARIFIED THAT INFERTILITY CERTIFICATE IS NOT REQUIRED FROM THE PROSPECTIVE ADOPTIVE PARENTS WISHING TO ADOPT A CHILD

It is evident from the law and the guidelines stated above that there’s no need for anyone to produce any documentation to say that one cannot bear a child to proceed with adoption.

But what if the adoption agencies insist?  What is the recourse?  They do so either due to ignorance or arrogance.  To give them the benefit of the doubt, they ought to be informed about the provisions under the law but if they continue with the insistence, then the para 59(2)(1) of the guidelines ought to be utilized where adoption agency can have their license revoked.    

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