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.