Adoption Lawyer

Child Adoption Law in India

In India, adoption laws are governed by three legislation –

• The Hindu Adoption and Maintenance Act (H.A.M.A.), enacted in 1956, applies to Hindus, Buddhists, Jains, and Sikhs. Adoption is irrevocable under this statute, granting the child complete status as a natural child born to the family and giving the right to inherit the property.
• The Guardian and Wards Act of 1890 governs adoption for Muslims, Parsis, Christians, and Jews. According to the G.A.W.A., the connection formed upon adoption is merely that of guardian and ward. Adoption under G.A.W.A. does not bestow child status on the adopted child; this differs from H.A.M.A.
• The 2015 Juvenile Justice (Care and Protection of Children) Act was enacted to replace the Juvenile Justice (Care and Protection of Children) Act of 2000. It applies to all Indian citizens. It makes it possible to adopt two children of the same gender. It bestows the status of parents and kids rather than guardians and wards. It also grants the adopted child the same rights as the biological child. It offers a complete framework for domestic and international adoption of orphans, abandoned children, and surrendered children.

Who is eligible for adoption?

• Under the J.J. Act 2015 provisions, an orphan, abandoned, or surrendered child certified legally free for adoption by the Child Welfare Committee (C.W.C.) may be adopted.
• A relative’s child (paternal uncle or aunt, a maternal uncle or aunt, or paternal and maternal grandparents) is defined under sub-section 52 of Section 2 of the Juvenile Justice Act, 2015.
• Children from a previous marriage surrendered by the biological parent (s)