Monday, April 16, 2018

Adoption queries w.r.t. Juvenile Justice (Care and Protection of Children) Act, 20151.


Frequently Asked Questions (FAQ’s) A. Juvenile Justice (Care and Protection of Children) Act, 20151. What is Adoption? Adoption means the process through which the adopted child is permanently separated from hisbiological parents and becomes the lawful child of the adoptive parents with all the rights, privilegesand responsibilities that are attached to a biological child. (As per Section 2(2) of the JJ (C&PC) Act, 2015) The Juvenile Justice (Care and Protection) Act 2015 read with Adoption Regulation,2017 hasrecognized five kinds of adoption namely,i.an abandoned, surrendered, destitute child/ren adopted by unrelated person/s living within thecountryii.an abandoned, surrendered, destitute child/ren adopted by unrelated person/s living outside thecountryiii.a related child by relatives living within the country iv.a related child by relatives living outside the countryv.adoption of a child by step parents within the country 2.Who can be adopted? A child can be adopted if s/he is:i. An orphan, abandoned or surrendered (OAS) child who has been declared legally free for adoption bythe Child Welfare Committee (CWC) (As per the provisions of the JJ (C&PC) Act 2015 and the corresponding rules) ii.A child of a relative (a relative means the child's paternal uncle or aunt, a maternal uncle or aunt orpaternal and maternal grandparents) iii.A child or children of spouse from earlier marriage surrendered by the biological parent(s) for adoptionby the step-parent. (Section 38 and 56 of the JJ (C&PC) Act, 2015 and Regulation 4 of Adoption Regulations) 3.Who can adopt? Generali.Prospective adoptive parents (PAP):- who are physically, mentally and emotionally stable, financiallycapable and who do not have any life threatening medical conditions are eligible to adopt. ii.The minimum age difference between the child and PAP/s shall not be less than twenty-five yearsMarried:i.Married couples with at least 2 years of stable marital relationship ii.Both spouses must consent for adoption in case of a married coupleiii.The composite age of the married couple does not exceed 110 years Singlei.Single persons with or without biological or adoptive children can adopt provided they satisfy thefollowing:(a)A single female can adopt a child of any gender(b)A single male is not eligible to adopt a girl child(c)Age of a single parent does not exceed 55 years. (d)Must have less than four children unless they are adopting a child with special needs, a hard-to-place child, a relative’s child or a step-child.The age of the child that could be placed with PAPs differs based on the age of the PAPs on the date ofregistration as given in the following table:Age of the childMaximumcomposite age of theprospective adoptive parentsMaximumageofsingleprospective adoptive parent0-18 years90 years45 years4 to 18 years100 years50 years8 to 18 years110 years55 yearsNote: Section 57 of the JJ Act(C&PC) Act, 2015 and Regulation 5 of Adoption Regulations, 2017

Two-year wait period not mandatory for adoption: Bombay HC


https://timesofindia.indiatimes.com/city/mumbai/two-year-wait-period-not-mandatory-for-adoption-bombay-hc/articleshow/63754669.cms Two-year wait period not mandatory for adoption: Bombay HC Two-year wait period not mandatory for adoption: Bombay HC Shibu Thomas | TNN | Updated: Apr 14, 2018, 04:14 IST MUMBAI: The Bombay high court has said that an 18-year-old rule which stipulates a two-year wait period before guardians are allowed to adopt the children placed in their custody is not a mandatory requirement. The court came to the aid of a couple, in their 30s, who wanted to adopt a six-and-a-half-year-old child for whom they were appointed as guardians in January 2017. The child has been residing with the adoptive mother since birth, after his biological mother placed him in her custody. The court said that the reality today, especially when it comes to education of young children, was different from 18 years ago. "The factual scenario today is very different from what it was merely two decades ago. The question of identity and proof of identity for every living person and citizen has assumed a certain criticality. From the child's earliest days, parents must now have ready at hand, for a multitude of purposes, documentation establishing the child's birth, identity and parentage. One of the most crucial areas is the question of admission to educational institutions. Another is applying for government subsidies for social and financial benefits. In matters of education, things have reached an absurd and even impossible pass where a child has to be registered for admission almost at birth and certainly well before the child is able to speak or walk," said Justice Gautam Patel. Justice Patel said that the two-year wait period was a court-made rule and was introduced as a matter of caution. The judge said that courts "cannot approach these matters with such rigidity, especially if that comes at the cost of the minor." The court referred to the home study report and the investments that the adoptive parents had made in the name of the child. "While recognising the need for caution, we must allow ourselves some flexibility so as to best achieve our avowed purpose, to ensure the future well-being of the minor," said the court, adding, that if the parents were to provide for the child, they will need an order of adoption to be able to manage his education and to provide for him. The court waived the two-year wait period for adopting the child.

Tuesday, May 8, 2012

Adoption set to get easier, faster


Adoption set to get easier, faster
Mon May 7, 2012 1:48 am (PDT)

Adoption set to get easier, faster
NEW DELHI: A simplified procedure, time-bound approvals and specialised centres in every district are among a series of steps planned to speed up the adoption process, which drags for months and at times even years. Once the changes proposed by the women and child development ministry in the Juvenile Justice Act come into force, the process will be completed in a few months. Child justice board - specialised court for children - and not the district magistrates will give the nod for adoption to go ahead. The longest delay is the time taken for the go-ahead from the district magistrate. Every district in the country has a justice board. The plan is to take the adoption process to districts from state capitals. Each district will have one or more adoption institutions to ensure that the procedure is hassle-free for perspective parents, says a draft note sent by the ministry to the state governments. The child welfare committee (CWC) will have to declare abandoned or surrendered children free for adoption within a given timeframe - a fortnight in case of an abandoned newborn and two months for others. "These children should be with their adopted parents in two to three months," said a senior government official on condition of anonymity. Only the CWC, a district-level body responsible for the wellbeing of children in need of care, can declare a child legally free for adoption. It will also help adoption by foreigners which has seen a 40% drop in five years (2006-10). In the same period, such adoptions from Africa grew manifold - more than doubled for Ethiopia, which has a single-window procedure. "Approvals at the state and central level are required before a child is put up for adoption abroad," the official said.

Wednesday, April 4, 2012

Books ,articles, laws and centers for adoption

ARTICLES

Adopting Older Children ( Snehankur Team ) Thinking of Adopting ?...and thinking, and thinking, and thinking? (Dr. Ali Khwaja) For Prospective Parents : Sorting it out - Attachment & Bonding (Dr. Meera Oke, Centre for Human Growth & Development) Parent Preparation (Ms. Mary Paul) Alternative Parenting : A Child Development Perspective (Dr. Vinita Bhargava, PhD.) Adoption Hurdles (Mrs. Bharati Das Gupta, Times Of India 4th September 2006) Adopt Another Law (Mr. Gaurang Mehta, Times of India 14th November 2006) Adoption : A Guide for Medical Professionals Adoption made simple Child Adoption Leave Adoption a Life Long Bond ( HIndi | English )

BOOKS Parenting through Adoption - Nilima Mehta Adoption - Issues, Laws and Procedures - Madhavi Hegde Karandikar, For Bal Asha Trust, Bombay (Published with support from CRY) Adoption and Childcare - Dr. Vilas Ainapure, M.D, D.C.H The Penguin Guide to Adoption in India - Dr. Aloma Lobo and Jayapriya Vasudevan Child Adoption & Thereafter - Indian Council for Child Welfare, Tamil Nadu On Their Own - Amita Dhanda & Geeta Ramaswamy (July 2005) Adoption in India : Policies & Experiences - Dr. Vinita Bhargava

WEBSITES We acknowledge their support for developing the informational sections of this website Central Adoption Resource Authority Atmaja- Association for Adoptive Parents, West Bengal Catalysts for Social Action, Pune: National Association of Adoptive Families- Adoption Guidance Book Karmayog-Adoption http://sudatta.org/

INDIAN LEGISLATIONS HAMA - Hindu Adoption and Maintenance Act, 1956. Hindus, including Sikhs, Jains & Buddhists can adopt under this Act. GAWA - is Guardians And Wards Act, 1890. Foreigners and non-Hindus can resort to this Act for the purpose of guardianship. Under Juvenile Justice(Care & Protection of Children) Act(2000 amended in 2006), a child of either sex can be given in adoption by the court to a person irrespective of his/her marital status and number of biological or adopted children. INTERNATIONAL CONVENTIONS The UN Convention on the Rights of the Child, 1989 Hague Convention on Protection of Children and Cooperation in Inter-country Adoption

List of Documents for Adoption Process

The list of documents required for Adoption process is below. You can download the formats and templates from the list of attachments below 1) Completed Application form (Download application form below)

2) Completed Medical certificate(Original) for both parents (example reference template below)

3) Completed Questionnaire by both parents (example reference template below)

4) Copy of Birth Certificate / School leaving Certificate / Election identity / Passports to establish the identity of both parents

5) Copy of Marriage certificate. 6) Original Reference Letters from 2 friends and 1 relative vouching for suitability of the family to adopt a child and how long have they known the family (example reference template below)

7) Original Recent HIV test (Eliza) reports for both parents

8) If applicable, a report from gynecologist indicating for how many days the couple is taking fertility treatment(Original)

9) Income documents Copy of recent payslip and income tax return certificates (If employed) Copy of Income tax returns documents and ( if self employed or in business) 10) Copies of Bank statement, Investments, Insurance policies, and property documents to show financial stability

11) Copies of Municipal tax receipts / electricity bills / Ration Card to provide proof of address

12) 4 Colored full size post card photographs(parents together) and 10 passport size photograph (Individual)of the adoptive parents.

13) An undertaking affidavit from the nearest younger relative of adoptive parents to take care of the child in case of any mishap to adoptive parents (example reference template below)

14) A Police verfication certificate to confirm that there are no criminal records against the adoptive parents(Original)

What is Adoption ? Adoption is a process by which a child who has been abandoned or relinquished is given to a safe, secure & loving family through a legal process.



Why adopt? Adoption is a wonderful option to expand your family. On one hand, you have orphaned children; on the other, you have infertile couples who long for a child. The needs of both the child and the prospective parents can be fulfilled through adoption. It is not just childless couples that go in for adoption. Some couples feel that they would like to offer a secure and loving home to an orphan. Others may want a child of a particular sex, or they may be too old to have achild, or a biological child may have a high risk of having genetic problems. Single parents also have the option to adopt. Just because a child carries its parents' genes does not necessarily make it superior in any way. Both heredity and environment work in tandem to shape the development of a child. Adoptive parents often have more control over the variables, in the sense that they choose when to adopt, the sex of the child and they can check whether the child is physically and mentally normal before they take a final decision. Biological parents do not have this luxury.

Who can adopt ? The adoptive parents should have a reasonable & regular source of income which can support the needs of a child within a family. Neither of the parents should have a major illness that would come in the way of parenting. Neither of the parents should have a criminal record. The composite age of the adoptive couple should not exceed 90 years. Single parents upto 45 years can adopt too.

Process of Adoption Stage I - Application Prospective adoptive parent(s) should register themselves with state adoption cell or Adoption Coordinating Agency. Get all the information that you need to make up your mind, clarify your doubts and then register with one agency. Please do not register with several agencies in the hope of getting a "better" choice or a faster placements. All adoption agencies have a networking system to co-ordinate with each other to locate a suitable child for you. Prepare the documents that you need to complete as part of the formalities in the process of adoption. To register with Snehankur Adoption center, please fill this form or contact snehankur@snehalaya.org.

Stage II - Documentation and Home Study A home study will be conducted by the social worker of the Agency. To allay the fears and apprehensions of the prospective adoptive parent(s), pre-adoptive counseling sessions will be provided as required. This study is conducted to assess the ability of a couple to parent a child, not born to them. Documents relating to financial and health status of the prospective parent(s) will be part of the Home Study Report. Prospective adoptive parents should create and complete the necessary documentation as per this list below. Home Visit is also intended for per -adoption counselling. Use the meetings with the social worker to clarify all your apprehensions and to freely discuss your expectations.

Stage III - Identification of the adoptive child After a Home Study has been accepted and approved, a suitable child admitted and legally free for adoption will be identified for the parent(s). This seems to be the most difficult part of the process, because once you have made a decision to adopt, you would like it to be completed as early as possible. This may take even upto six months, depending on the availability of children. It would be an appropriate analogy to draw here, that just as nature has provided time between conception and the birth of a baby, so does the adoption process includes this period of waiting to allow a couple to get emotionally prepared for parenthood. The agency will take care to match a child meeting the description, if any, desired by the parent(s). In case of placement of older children (above the age of 6), both written and verbal consent of the child will be obtained.

Stage IV - Foster Care Once a successful matching has been, the social worker will arrange for you to see the child that has been identified for you. This is the moment you have been waiting for with mixed feelings of excitement and anxiety. Adoptive parents can get an independent medical report about the child before acceptance. It is important to get a complete medical re-examination done with a doctor of your choice to reassure yourself of the child's health. The social worker will help you file all the relevant papers in court before you can take the child home in pre-adoptive foster care. The foster care agreement will be signed between the adoptive parents and Snehankur. Snehankur and the parents will together file a petition in the Court/JJB for obtaining the necessary orders under the relevant Act. Till the court hearing is completed and orders are issued, the child will be under foster care with the parents, with the agency still being the legal guardian of the child

Stage V - Adoption Deed The social worker will assist you with all legal formalities and you may be required to attend court for a hearing. Once the court completes all the hearings, the court will issue an order, approving the adoption of the child by the family The court order will be registered to complete the adoption process . In cities like Ahmednagar there is no family court to hear adoption cases. Hence it could take upto an year to get the court order. We realize this causes a few inconveniences like having to wait for a passport for the child. But the institution has limited means to expedite matters. Documents related to the adoption will include the court decree of Adoption deed and the child's birth affidavit. With these documents, adoptive parents will be legal guardians of the child

Stage VI - Follow up visits Once the adoption process is completed, Snehankur conducts follow-up visits and post adoption counseling by the social worker till the child is adjusted in the new environment. The follow up could be upto one year or as directed by the Court/JJB. Copies of the follow-up reports will be sent to the District Social Welfare Officer/concerned State Government Department, concerned Scrutiny Agency and the Court/JJB from where the order was obtained. The social worker will keep in touch with you and visit you for follow-ups as per the stipulation of the court and the agency's rules. This is mostly to help the parents as required. Even after the legal follow-up period is over, you can feel free to approach Snehankur for any advice or assistance. --

Adoption centers in Maharashtra (http://www.cara.nic.in/ipas_list_maharashtra.htm) Maharashtra S.No Particulars Validity of Recognition Phone No. Fax No. E-mail Address 1 Bal Anand World Children Welfare Trust India Sai Krupa, 93, Ghatla Village, Chembur Mumbai-400071, Maharashtra 23/01/2008 22/01/2011 91-022-25208395 / 25202262 91-22-25204914 balanand@vsnl.net mmbalanand@hotmail.com

2 Children of the World (India) Trust 401, Arun Chambers, 4th Floor, Tardeo Mumbai - 400 034, Maharashtra 13.03.2008 12.03.2011 91-022-23520249 022-66602196 91-022-23520032 cwb@bom5.vsnl.net.in cwb@vsnl.com child@mtnl.net.in

3 Holy Cross Home For Babies C/o Holy Cross Convent Camp Road, Amaravati (Camp) - 444602 Maharashtra 11.05.2010 10.05.2013 91-0721-2663861 91-0721-2663861 h.babies@rediffmail.com

4 SOFOSH Society of Friends of The Sassoon Hospitals Postal Address: P.O Box 94, G.P.O., Pune-411001, Maharashtra 29/10/2010 28/10/2013 91-020-26124660 091-020-26128219 sofosh@vsnl.net

5 M/s Bal Vikas (Shishu Welfare Trust of India) 102, Shishu Bhavan, Velantine Comples, Off. Gen. Arun Kumar Vaidya Marg, Malad (East), Mumbai - 400097, Maharashtra 24/09/2009 23/09/2012 022-28422802 022-28422714 balvikas@vsnl.com

6 St. Catherine's Home Veera Desai Road, Andheri (West), Mumbai - 400 058, Maharashtra 26.08.2010 25.08.2013 91-022-26762312 / 26766906 91-022-26763021 stcath@mtnl.net.in stcath@vsnl.net

7 The Hindu Women's Welfare Society Shraddhanand Mahilashram Shraddhanand Road, Maheshwari, Udyan, Matunga, Mumbai-400019, Maharashtra 13.03.2008 12.03.2011 91-022-24012252 / 24010715 91-022-24031207 hwws@rediffmail.com

8 Bhartiya Samaj Seva Kendra "Bertha Varada" Plot No.373, 6th Lane, North Main Road, Koregaon Park, Pune-411001 24/05/2010 to 23/05/2013 91-020-26128002 020-26055332 91-020-6125716 bssk@bsskindia.org

9 Shejar Chhaya P.P Paradise, B/206-207, Second Floor, Main Ambadi Road Junction, Vasai Road (w), Dist. Thane, Maharashtra 401202 22/09/2009 21/09/2012 91-250-2341196 2349380 91-250-23051337 shejarchhaya@rediffmail.com

10 Maharashtra State Women's Council Asha Sadan, Asha Sadan Marg, Umerkhadi Mumbai-400009, Maharashtra 02/02/2009 01/02/2012 91-022-23715477 23740397 91-22-23701281 m.s.w.c.ashasadan@mtnl.net,in

11 Bal Asha Trust 401, Charlie-Ville, A Road, Churchgate, Mumbai-400020, Maharashtra 15/03/2010 14/03/2012 91-022-24926526 91-22-24944090 adoption@vsnl.com balasha@vsnl.com

12 Shree Manav Seva Sangh 255-257, Sion Road, Sion (West), Mumbai - 400022, Maharashtra. 29/12/2010 to 31/03/2012 91-022-24071553 24092266 91-022-24092266 smss@vsnl.com sevasangh@gmail.com shrimanva24@yahoo.com

13 M/S Matru Sewa Sangh North Ambazari Road Sitabuldi, Nagpur, Maharashtra. 19/09/2008 to 18/09/2011 91-0712-2523596 / 2522393 91-0712-2523596 matrusewa@yahoo.com

14 M/S Indian Association For Promotion of Adoption & Child Welfare, Flat No.7, Kanara Brotherhood Co-operative Housing Society, Mogul Lane, Matunga (W) Mumbai-400016 Maharashtra. 01/06/2009 to 31/05/2012 91-022-24307076 / 24374938 91-022-24374938 iapa@vsnl.com iapa@vsnl.net

15 Family Service Centre Eucharistic Congress, Building No.3, 5 Convent Street Mumbai - 400001, Maharashtra. 02/02/2009 to 01/02/2012 91-022-22021432 91-022-22828862 director@fscmumbai.org familyservice2001@yahoo.com

16 M/s Bal Vikas Mahila Mandal C/o Swa-Adhr Mahila Vastigrah Sudarshan Colony, India Nagar, Latur-413531, Maharashtra. 20/02/2008 to 19/02/2011 91-02382-27620 27005 91-02382-228723 bvmm_latur@yahoo.com

17 M/s Renuka Mahajan Trust Svy. No. 121, Near Saibaba Mandir, Pune - Alandi Road, Wadmukhwadi, P.O. Charholi, Tal. Haveli, Dist. Pune - 412 105, Maharashtra 12/12/2008 to 11/12/2011 020-32662982 / 020-32528187 / Mob:9860015966/ 9860645661 rsg_94@yahoo.co.in rmt1994@yahoo.com

18 M/s Priya-Darshani Shishu Griha Shri Sadguru Balmik Swamy Seva Sangh Sanchalit 691/1B, Old Bhavsar Hospital, Adinath Nagar, Near Century Enka Colony Gate No.2 Bhosari, Pune -39 24/12/2008 to 23/12/2011 91-020-27123391 020-27122630 priyadarshaniadoption@yahoo.com priyadarshinishisu@vsnl.net

19 M/s Mahila Seva Mandal Kusumbai Matichand Mahila Seva Gram 25/20, Karve Road, Pune - 411004, Maharashtra. 25.01.2005 to 24.01.2008 91-020-25440490

25439671 / 25436851 91-020-25652536 d.v.tikekar@vsnl.com mahilasevamandalpune@rediffmail.com

20. Vivekanand Balsadan Kamptee Seth Daga Dharmashala, Opp. Rly. Station, P.O. Kamptee-441002, Dist. Nagpur, Maharashtra 19.09.2008 to 18.09.2011 07109-288632 91-07109-288632 vivekanandbalsadan@yahoo.com vivekanandbalsadan@rediffmail.com

21. Vatsalya Trust Plot No. 1285 Near Kanjur Police Station, Kanjur Marg, (East) Mumbai-400042 07.09.2010 to 06.09.2013 022-25782958 / 022-25794798 / 022-25784810 022-25784820 vatsalyatrust@inidatimes.com info@vatsalyatrust.org

22. Missionaries of Charity, Church Road, Vile Parle (West), Mumbai-400056, Maharashtra 15.10.2010 to 14.10.2013 91-022-26184068 / 26102843 corrine.queira.soza@gmail.com

23. Ashirwad (Adoption Centre) Indian Children Welfare Trust, 1044, Jaganade Chowk, KDK College Road, Nandawan, Nagpur, Maharashtra 24.09.2009 to 23.09.2012 0712-3299710 / 2715697 ashirwadicwt_india@yahoo.co.in

24. Balwant Krtar Anand Foundation (Preet Mandir) Anand Corner, 18, Dr. Coyaji Road, Pune-411001, Maharashtra The recognition of Preet Mandir, Pune for undertaking Inter-country Adoption is revoked with w.e.f 20.05.2010 020-26361027 / 26360081 / 26330602 020-26361969 / 26361481 preetmandir2@vsnl.net preetindianadoption@vsnl.net

Tuesday, March 27, 2012

survey for those dealing with orphan children or child canisationsare org

f you have trouble viewing or submitting this form, you can fill it out online: https://docs.google.com/spreadsheet/viewform?formkey=dG40V3Vfd1lEX3JxV1NnRmxKNFNjNXc6MQ Missing Children Project - Orphanage Survey

Participate only if you are from an orphanage or child care organisation. The Survey is designed in such a way that it takes 30-60 seconds only and will help thousands of Children getting their happiness back. It contains only 8 questions.

For details about project please check below link. http://www.missingchildrenproject.in

Do you think in your orphanage/(child care home) there are many children who are missing from their homes? * Yes No Don't Know

How many such children are there? Only Applicable, If you have answered yes to 1st question, 0-5% 5-15% 15-30% above 30%

Which State/Region maximum missing children who stays in your belong to (Select all applicable) Only Applicable, If you have answered yes to 1st question, Bihar Uttar Pradesh West Bengal Delhi-NCR Other:

How do children reach your orphanage? NGO rescue kids from various places, Relatives send the children to orphanages etc.

Do you have photo record of all of Children at your orphanage? Yes No Don't Know

Do you take photos of Children when they come to your orphanage to stay? Yes No Don't Know

Do you think if few of missing Children find their parents and go to their homes, you will be able to provide better living standards and education opportunity to remaining Children? Yes No Maybe

Would you like to participate in Missing Children Project, to help Children finding their parents? Yes No Maybe

Name of Organisation *

Email Id *

Name of Contact Person

Contact No.

Suggestions for us, If any Powered by Google Docs

Tuesday, January 31, 2012

Arpan- working in the area of child sexual abuse

Arpan is a registered NGO based in Mumbai working on the issue of child sexual abuse with a team of dedicated and skilled professionals since the year 2006. The mission of the organization is to empower individuals, families, communities and society with prevention and intervention skills to reduce the occurrence of child sexual abuse and heal its psychological, social, sexual and physical consequences. Arpan accomplishes the mission through various projects aimed at empowering stakeholders like children, parents, teachers etc. through training programmes, awareness sessions, providing for psycho-therapeutic services to facilitate the process of Prevention and by advocating with schools and the government systems in order to create a more sensitive and aware society and legal system to deal with the issue of child sexual abuse. For more information on our activities please see http://www.arpan.org.in/whatwedo.html Anupriya Das Singh Therapist/Co-ordinator Arpan Arpan - Towards Freedom from Child Sexual Abuse Email: anupriya@arpan.org.in Office: 9/3, Cama Industrial Estate, Valbhatt Road, Goregaon (E), Mumbai – 400 063 Tel: 26862444 / 26868444 Mobile: 98190.51444 For counseling support – 98190. 86444 Website: www.arpan.org.in Blog: www.arpancsa.blogspot.com Facebook: arpan Video on Arpan: http://www.youtube.com/watch?v=jMaMeX3vsQ4 Karmayog - http://www.karmayog.org/ngo/arpan/ Ways to donate to Arpan - http://www.arpan.org.in/contribute.html ***********