CHILD ADOPTION LAW IN INDIA

The permanent legal transfer of all parental rights from one person to another person or couple is called Adoption. There is no difference between the rights of adoptive parents and the biological parents and an adopted children have all of the social, legal, emotional and kinship benefits of biological children.

The practice and custom of adoption in India dates back to the ancient time. Though the objective with which the act is carried has differed but the act of adoption still remains the same. Predominantly, adoption was considered as a sacramental act. There has been an acute controversy not only among the writer but also among the judges whether adoption is having a secular motive which predominates or the religious motive predominates.

Under the old Hindu Law, there were many rules relating to adoption which could be supported only on the basis that adoption was a sacramental act. In the presence of submission Hindu Adoption & Maintenance Act, 1956 has starred of clearly from all the religious and sacramental aspects of adoption and has made adoption a secular institution. All adoptions after 1956 are secular and valid and for the validity must confirm the requisite of the act.

Moreover, adoption is not permitted in the personal laws of Muslim, Christian, Parsi’s and Jews in India. Perhaps, they usually opt for guardianship of a child through the Guardianship and Wards Act, 1890.

Citizens of India who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The Hindu Adoption and Maintenance Act of 1956 was enacted in India as a part of the Hindu Code Bills. It resulted into bringing a few reforms that liberalized the institution of adoption.

WHEN CAN A CHILD BE ELIGIBLE TO BE ADOPTED?

· Any orphan, surrendered or abandoned child is legally declared free for adoption by the child welfare committee as per the guidelines of the Central Government of India.

· A child without a legal parent or a guardian or the parents are not capable of taking care of the child anymore is said to be an orphan.

· When a child is deserted or unaccompanied by parents or a guardian and the child welfare committee has declared the child to be abandoned, a child is considered to be abandoned.

· Renounce on account of physical, social and emotional factors that are beyond the control of parents or the guardian is called a surrendered child as declared by the child welfare committee.

· In case of adoption, a child requires to be “legally free”. A child is considered to be legally free if even after trying their level best the police fails to find the true parent or guardian of the child.

Adoption brings happiness to kids, who were abandoned, or orphaned and thus is a noble cause. Adoption gives a chance for the humane side of civilization to shine through. Moreover it is a beneficial program where the child is treated as the natural born child and given all the love, care and attention. And also, it fills the void in the parents who yearned for kids, their laughter and mischief echoing off the walls of a home. Even now a few changes could be made to make all the laws regarding adoption a little, uniform.

Aishwarya Says:

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