What is Child Custody?
What are the types of Child Custody?
- Physical custody: Under physical custody, it is determined where a child will live on a day-to-day basis.
- Legal custody: Under legal custody, it is determined that one of the parents will be a guardian of the child and he will make long-term decisions (until he/she becomes an adult) about the child’s rearing and well-being.
- Sole custody: Sole custody means an arrangement under which only one parent has full custody of their child. It is normally done in two cases – first when the child is below the age of 5 years, then his/her sole custody is given to the mother, and second when the other parent is abusive, negligent, or absent.
- Joint custody: Under this arrangement, the child’s living and nurturing responsibilities are divided between the mother and father accordingly.
Q.1 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 by The 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, or Paternal and maternal grandparents)
iii. A child or children of a spouse from earlier
marriage surrendered by the biological parent(s) for adoption By the
step-parent.
(Section
38 and 56 of the JJ (C&PC) Act, 2015 and Regulation 4 of Adoption
Regulations).
Q.2 Why is
adoption in India so low?
Adoption
is a concept that India has historically resisted. Caste, class, and genetic
issues have played a significant role in society, and communities and families
have strong objections to the idea of adopting a child whose parentage is
unknown.
Q.3 Can we get
the details like caste, date, and time of birth of the adopted child?
No,
details like caste, date & time of birth etc. are generally not available
for orphaned or/abandoned children who are placed for adoption.
Q.4 Is there a
minimum income level for a parent(s) to be eligible to adopt a child?
i. The Adoption Regulations 2017 does not
specify minimum income levels in the eligibility criteria for prospective
adoptive parents.
ii. However, while conducting the home study
the social worker will assess the capability and motivation of the prospective
adoptive family to provide reasonable living standards to the child.
Q.5 Is it
compulsory for adoptive parents to transfer property to the adoptive child?
i. As per the definition of Adoption, an
adopted child is the lawful child of the adoptive parents with the same rights,
privileges and responsibilities as that of a biological child.
ii. As
the adoption order is issued by the Court, the adoptive parents become the parents
of the child.
iii. The inheritance laws as applicable to the
biological child will apply to the adopted child.
Q.6 What is
the hardest part of adoption?
Challenges
You May Face as an Adoptive Family-
•
The
adoptee experiences trouble with identity. Open adoptions are increasingly more
common and help to eliminate this challenge in most adoptive families.
•
The
adoptee feels grief and sorrow.
•
A
bond or parent/child attachment may not come naturally.
•
Lengthy
and complex procedures
•
Financial
implications
Q.7 Are there
any age restrictions for parents to be eligible for adoption?
The
Adoption Regulations 2017 in India do have age restrictions for parents who
wish to adopt. Regulation 5(4) states that the prospective adoptive parents
should satisfy the following age criteria:
•
For
adopting a child below the age of three years: The maximum composite age of the
prospective adoptive parents should not exceed 90 years. In other words, the
combined age of both parents should be less than or equal to 90 years.
•
For
adopting a child above the age of three years: The maximum age difference
between the child and either of the prospective adoptive parents should not
exceed 45 years.
Q.8 Can a
person of any religion or caste adopt?
Yes,
according to the JJ (C&PC) Act of 2015, there are no limitations based on
caste or religion.
Q.9 Can
couples with disabilities adopt a child?
Absolutely,
couples with disabilities are entitled to adopt. According to the type and
degree of the disability,
● The
social worker would determine whether the potential adoptive parents would be
suitable when preparing the home study report.
● The help needed to raise a child is provided
by relatives.
Q.10 How much
do couples have to pay for adoption expenses?
As
specified in the Adoption Regulations 2017, The SAA will charge
i. Fee for the Home Study Report i.e
Rs.6000/-
ii. Child
care corpus fees i.e. Rs.40,000/- .
iii. For each post-adoption follow-up visit
Rs.2000/- will be charged (Total 4 visits-half yearly, in 2 years).
Q.11 What
function does the Central Adoption Resource Authority (CARA) serve?
According
to Section 68 of the JJ Act (C&PC), 2015, CARA is the Central Authority of
India with the responsibility to encourage and facilitate domestic adoptions,
control international adoptions, and create adoption regulations.
Q.12 What are
the documents to be submitted for adoption?
The
list of documents to be uploaded is given in Schedule VI of the Adoption
Regulations 2017. You are requested to upload the following documents within a
period of 30 days.
● http://carings.nic.in/Parents/Instructions-For-Online-Parent-Registration-for-Adoption.htm
Q.13 What
function does a Specialised Adoption Agency (SAA) provide during the adoption
process?
i.
SAA’s responsibility is to care for and protect each kid residing in its
facility.
ii.
To make the adoption process easier for the kids in its facility and the childcare facilities affiliated with the SAA.
Q.14 Will the
Court ask us / the court has asked us to create a fixed deposit in the name of
the child?
As
stated in Section 12(7) of the Adoption Regulations 2017, the adoptive parents
cannot be requested to purchase any bonds or investments in the child’s name.
Q.15 Do we
have to tell the kid that he or she is an adopted kid?
i. It is advised that parents use the word “adoption” as early as
possible so that their children develop accustomed to hearing it.
ii. It is recommended that you as the parents
be the ones to initially tell your child that s/he is adopted, but you should
decide how and when to do so.
Q.16 Does the
child’s adoption need to be disclosed to the school?
No,
Notifying the school that the child is an adopted child is not legally
required.
Q.17 When the
child gets married, do we have to disclose the adoption details?
Yes,
it is suggested that this information be made public.
Q.18 Can the
adopted child learn about his or her ancestry?
Yes,
the adopted child may look into his or her ancestry.
i. In accordance with Regulation (44), the
SAA or CWC of the district where the child was adopted may be contacted for
information.
ii. Nevertheless, not all kids exhibit a
desire to meet their biological parents.
Q.19 Can the couple return the child to the SAA if they have behavioral problems and
adjustment concerns?
i.
If this happens, a couple can contact their SAA or DCPU for assistance or seek
professional counseling.
ii.
Adoptive parents and adoptees must first receive counseling, or the SAA/DCPU
must connect them to the counseling centre established by the Authority or
State Agency.
iii. If
these counseling sessions are unsuccessful in resolving the issue and ending
the adoption is in the best interests of the child, then follow the steps
outlined in Regulations 13(6) or 13(7) for in-country adoption.
iv. Whether the adoption has reached the final
adoption order or is still in the pre-adoption foster care stage will determine
whether it can be terminated.
Q.20 Is child
adoption simple in India?
The
lengthy paperwork and regulatory delays that come with adoption in India are a
test of patience. Prospective adoptive parents claim that the legislation needs
to be lenient in order to permit adoption.
Q.21 What is
the adoption procedure in India?
The
prospective adoptive parents need to register with a recognized agency. It
is permitted for two registered agencies to register. The registration
organizations are Special Adoption Agency (SAA) and Recognised Indian Placement
Agencies (RIPA). The steps further include registration with the specified
agency, pre-adoption consultation, and training, taking a child referral,
starting the legal process by submitting court paperwork, attending adoption
court procedures, and attending agency post-adoption visits.
Q. 22 What is
the punishment for illegal adoption in India?
Adoption
without prescribed procedures shall be punishable with imprisonment up to three
years or a fine of Rs. 1 lakh or with both.
Q.23 What is
the age gap for adoption?
To
adopt, a couple must have been married for at least two years in a committed
relationship and have both parties approval. There should be at least a
25-year age difference between the adoptive parents and the child. Adoptive
parents need to be stable in all areas of their lives: physically,
psychologically, emotionally, and financially.
Q.24 What is
the cost of child adoption in India?
While
some families may spend much more or less than the norm, adoption in India
generally costs between $30,000 and $40,000.
Q.25 Can you
adopt more than one child in India?
Adopting
a child legally is permitted for Indian nationals who practice Buddhism, Jains,
Hinduism, or any of the four faiths. The 1956 Hindu Adoption and Maintenance
Act applies to the adoption. Under this law, a married couple or single parent
is only allowed to adopt one kid of the same sex.
Q.26 Can I
adopt the child of my sister in India?
It
is necessary to obtain approval from the biological parent(s) or the child
welfare committee. The approval of the child welfare committee to the guardian
of the child's permission in situations where the kid's biological parents are
deceased or incapable of giving their consent.
Q.27 Is
private adoption permitted in India?
Private
adoption, usually referred to as independent or direct adoption, is not
recognised by Indian law or allowed. Adoption in India is controlled by
personal rules that are unique to several religions, like Hindu, Buddhist,
Jain, or Sikh. Adoption norms and processes are provided by these personal laws
in each community.
Q.28 Which Indian state makes it easiest to adopt a child?
You
might travel to states where the adoption procedure takes less than three
months, such as Odisha, Maharashtra, Ranchi in Jharkhand, and Varanasi in Uttar
Pradesh. In Karnataka, the same process lasts up to two or three years.
Q.29 What is
the fastest way to adopt a child in India?
Adoption
procedure-
● Parents
register online on CARINGS (www.cara.nic.in)
● Select the preferred Adoption Agency for HSR (Home Study Report) and State.
● User
ID and Password generated.
● Upload
documents within 30 days of registration.
● Registration number generated.
Q.30 Can an
adopted child be brought back to India?
A
lawful adoption cannot be revoked by the adoptive parents, the adoptive mother,
or any other person, according to Section 15 of the Hindu Adoptions and Maintenance
Act, 1956, nor can an adopted kid renounce his or her adoption and return to
the family of their birth.
Q.31 What is
the adoption rule?
1.
To adopt a child and give him a proper upbringing, the prospective adoptive
parents (PAP) must be intellectually aware, financially stable, physically
strong, and highly motivated.
2.
In the event of a married couple, both spouses must agree to the adoption.
Q.32 What
distinguishes the terms "adoptee" and "adopter"?
The
person who is being adopted is referred to as an "adoptee". Through
adoption, a person, usually a kid, is legally and irrevocably moved from their
birth family to a new one. The person or people who are adopting the adoptee
are referred to as the "adopter" in contrast. The person or couple
that officially agrees to raise and care for the adoptee is known as the
adopter.
Q.33 What is
the Hindu law for adoption?
The capacity of a male Hindu to take in adoption.
● Provided that, if he has a wife living, he
shall not adopt except with the consent of his wife unless the wife has
completely and finally renounced the word or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind.
Q.34 What are the effects of adoption?
There
will no longer be a relationship with the natural family as a result of the
adoption. No longer will his biological parents be regarded as his parents.
After the adoption, the child will no longer be entitled to any portion of his
biological parents' wealth.
Q.35 What is Section
21 of the Hindu Adoption and Maintenance Act?
Section
21 defined dependants: For the purposes of this chapter “dependants” means the following
relatives of the deceased. his or her father. his or her mother, his widow, so
long as she does not re-marry.
Q.36 In India,
is it legal for a mother to place her child for adoption without the father's
approval?
Without
the father's approval, it is possible to place a kid for adoption. However, if
the father later decides he wants his child, it could jeopardize an already
finalized adoption. At that point, the father might have the option of filing a
lawsuit to get custody of his child.
Q.37 Is it
possible to adopt directly from an Indian orphanage?
Under
certain conditions, it is possible to adopt directly from an Indian orphanage.
With the approval of the court, adoption from an orphanage is permitted under
the Guardians and Wards Act of 1890. Instead of being legally recognised as
parents in these situations, the adoptive couple takes on the duty of guardians
for the adopted child. To formally adopt a child and appoint the adoptive
parents as the child's legal guardians, the court's approval is necessary.
Q.38 Can
someone adopt a child from an Indian hospital?
India
forbids the adoption of children from hospitals. The only adoptions that are
ethical and lawful are those that are assisted by the Central Adoption Resource
Agency (CARA). India forbids the adoption of children from hospitals.
Q.39 Is
adopting a child a good idea?
Although
adopting a child is a difficult procedure on both a financial and emotional
level, those who have done so believe it was well worth it. It involves having
a child with a lot of additional duties and challenges, not just having a child
without the biological process.
Q.40 Where can
I adopt a child in India?
The
Central Adoption Resource Authority (CARA) is a legally recognized division of
the Indian government's Ministry of Women & Child Development. It serves as
the central authority for adoption of Indian children and has oversight and
control over both domestic and international adoptions.
Q.41 In India,
can a 70-year-old adopt a child?
Although
there is no clear legal maximum age for parents, the majority of adoption
agencies have their own standards regarding age. The adoptive parents' total
age cannot exceed 90 years for a child under the age of a year. Additionally,
neither parent may be older than 45.
Q.42 Can you
give your baby up for adoption to someone you know?
Yes,
whether they plan on “giving a baby up” for adoption to a friend, family
member, or someone they've met through their own networking efforts, these
arrangements are known as independent, or identified, adoptions.
Q.43 What
different kinds of adoption are there?
There
are three kinds of adoption:-
1. Adopting
a baby domestically,
2. Adopting
a child from foster care, and
3. Adopting internationally is the three most
common ways for families to grow through adoption.
Each
category possesses its own set of advantages, disadvantages, and steps needed to
complete the procedure.
Q.44 Which
Indian state has the greatest adoption rate?
According
to the official, Maharashtra has the most adoptions overall since there are
over 60 adoption agencies there, compared to an average of 20 in larger states.
Q. 45 Which is
the cheapest country to adopt from?
Adoption
fees in Ukraine are very attractive compared to the rest of the world where
adoption is possible. Actually, Ukraine is one of the cheapest countries for
adoption.
Q.46 What is
Section 57 of the Hindu Adoption and Maintenance Act?
According
to Section 57 of the Juvenile Justice (Care and Protection of Children) Act,
both spouses must agree to the adoption and the adoptive parents must be
physically healthy, financially stable, intellectually alert, and extremely
motivated to adopt a kid so they may provide him or her a proper upbringing.
Q.47 What is
the maximum age for a child to be adopted in India?
The
maximum age of a child under 18 years can be legally adopted in India. A
21-year-old is considered to be an adult in India. He or she can decide to live
with anyone of his/her choice.
Q.48 Can I
adopt a child in India after my divorce?
Single
people with or without biological or adopted children are eligible to adopt as
long as they meet the following requirements:
An
unmarried female can adopt a kid of either gender, but an unmarried guy cannot
adopt a girl.
(c)
The parent's age cannot be older than 55.
(d)
Unless they are adopting a child with special needs, a child who is difficult
to place, a relative's child, or a stepchild, they must have fewer than four
children.
Q.49 Can I
bring my brother's child from India to the US for adoption?
Undoubtedly,
you'll require a primary provider. When considering an international adoption
(a Convention adoption or an orphan adoption, including the adoption of a kid
related), prospective adoptive parents must deal with an adoption service
provider who can guarantee the completion of all adoption services.
Q.50 Can a
person who has an adopted son living to adopt another son?
In
India, according to the guidelines specified in the Adoption Regulations 2017,
a person who has an adopted son living cannot adopt another son. This
restriction is in place to ensure fairness and to prioritize the well-being of
the existing adopted child.
The
intention behind this restriction is to prevent overburdening the adoptive
parents and to ensure that each child receives adequate attention, care, and
resources.
Q. 51 Can a 50-year-old
adopt a child in India?
There
has to be an age gap of at least 25 years between the adoptive child and the
adoptive parents. For children up to 4 years – single parents should not be more
than 45 years old, while the composite age of married couples has to be maximum of 90 years.
Q.52 What are
the drawbacks to adoption?
A
child who is adopted loses the opportunity to grow up with their biological
family but gains a new family. Adoptees with closed adoptions or very little
contact with their birth parents may experience low self-esteem, a sense of
loss or grief, and other unfavorable emotions.
Q.53 What does
Section 27 of the Hindu Adoption and Maintenance Act mean?
Section
27 ensures that a dependent's claim for maintenance under the Hindu Adoption
and Maintenance Act can be enforced against the estate of the deceased person
only if it meets one of the specified criteria mentioned above. It clarifies
that a general claim for maintenance does not automatically become a charge
against the estate unless it is legally established through one of the
specified means.
Q.54 Does the adopted child require the care of both parents?
Every
parent has a unique role they play in their child's life, whether it is on the
physical, social, intellectual, or psychological levels. One parent cannot
fulfill both the obligations and the responsibilities that the other parent can.
Because of this, if both parents are still living, they must be involved in
their child's life.
Q.55 Can I get
married after the adoption?
In
India, getting married after adopting a child is indeed possible. The act of
adoption does not in any way restrict or forbid people from getting married.
The adoptive parents are free to get married if they so choose after the
adoption procedure is successfully completed and the child is acknowledged as a
part of the adoptive family by the law.
Q.56 What occurs
to the original birth certificate in India after adoption?
A
new "amended birth certificate" will be produced following the
adoption of a child. The names of the adoptive parents will appear on the new
birth certificate in place of the names of the biological parents
Q.57 Can you
choose a name if you adopt it?
Yes,
it’s true that the adoptive parents can give the child a new name. Although it
may not be what you hoped to hear, this is the way the procedure is supposed to
function. Two birth certificates exist for adopted people: authentic birth
certificates.
Q.58 How can I
establish the legality of my adoption?
After
the Act of 1956 entered into force, the Supreme Court ruled that in order to
establish a lawful adoption, it would be necessary to show that both the wife's
permission and the adoption ceremony itself actually took place. It is
pertinent to note that according to the Hindu Adoption and Maintenance
Act, 1956, in
order for the adoption to be legal the following requirements must be
satisfied; i.e. capacity to adopt, consent of the parties involved, adoption
ceremony and registration.
Q.59 What is the
adoption contract?
The
identities of the adoptive parent(s) and the biological parent(s), if
applicable, should be covered in the adoption deed. It should also be noted the
age and gender of the adopted child. In addition, the adoptive parents' intention
to parent the kid should be expressed in explicit terms.
Q.60 Is a notarized adoption deed valid?
A
notarized adoption deed can serve as a valid document of adoption in certain
cases. However, the validity of an adoption deed depends on the specific laws
and regulations of the jurisdiction in which it is being considered.
In
the context of the Hindu Adoption and Maintenance Act, 1956 (Hindu Adoption
Act), if the notarized adoption deed complies with the requirements set forth
in the Act, it can be considered a valid document of adoption. The Act provides
guidelines and procedures for adoption within the Hindu community in India.
Q.61 Can
step-parents adopt their spouse's children?
Yes.
However, first, the adoption will need consent from the biological parent the
child has been living with or isn't with. Then along with this biological
parent, they will need to file an application in a court to obtain an adoption
order and register with CARA.
Q.62 Can an
adopted son marry a biological daughter?
Biologically,
yes because they are not related by blood. They can procreate.
Q.63 Is money required
for adoption?
The
sum of money that potential adoptive parents must pay in order to adopt a child
is referred to as the adoption fee in India. According to the many elements and
processes involved in the adoption process, the CARA standards have set a price
for adopting a child.
Q.64 Are children who
have been adopted happy?
According
to studies, adopted youngsters develop into adults who are just as content and
healthy as their classmates. In some cases, they even appear to have more
advantages and chances than kids in the general population.
Q.65 How is adoption
viewed in India?
Child
Adoption Under Hindu Law-
Adoption
is a sacramental rather than a secular act, according to Hindu Law.
Q.66 Who is the adopted
child’s legal heir?
All
of the rights that a legal successor would typically have been also available
to adopted children. As the term “son” is not defined by the Hindu Succession
Act of 1956, adopted sons are, for all intents and purposes, just as much of a
legal heir as biological sons (Class-I).
Q.67 Who is the “guardian”
of the adopted child?
Those
who adopted a child were thereafter termed its “guardians,” “foster,” or
“adoptive” parents.
Q.68 What is Section 9 of
Adoption Act?
Section
9 of the Adoption Act says that “No person except the father or mother or the
guardian of a child shall have the capacity to give the child in adoption”.
Q.69 What is Section 12
of adoption?
Under
Section 12 of the Hindu Adoptions and Maintenance Act, 1956 an adopted child
shall be deemed to be the child of his or her adoptive father or mother for all
purposes with effect from the date of adoption.
Q.70 What is Section 40
of the Adoption Act?
Sec
40 of the Adoption Act says that “The restoration and protection of a child shall
be the prime objective of any Children’s Home, Specialised Adoption Agency or
open shelter”.
Q.71 What is Section 18
of Adoption Act?
Section
18 reads as follows: Maintenance of wife. – Subject to the provisions of this
section, a Hindu wife, whether married before or after the commencement of this
Act, shall be entitled to be maintained by her husband during her lifetime.
Q.72 What is Section 57
of Adoption Act?
(1)
The prospective adoptive parents shall be physically fit, financially sound,
mentally alert, and highly motivated to adopt a child for providing a good
upbringing to him.
(2)
In the case of a couple, the consent of both spouses for the adoption shall be
required.
Q.73 What is Section 4 of
adoption?
Section
4 of Adoption Act says that “Where a widow or an unmarried woman adopts a
child, any husband whom she marries subsequently shall be deemed to be the
step-father of the adopted child”.
Q.74 What is Section 14
of Hindu adoption?
(1)
Where a Hindu who has a wife living adopts a child, she shall be deemed to be
the adoptive mother.
(2)
Where an adoption has been made with the consent of more than one wife, the
seniormost in marriage among them shall be deemed to be the adoptive mother and
the others to be step-mothers.
Q.75 What are the rights
of an adopted daughter?
Through
the legal process of adoption, which makes him or her a legal child of the
adoptive parents, an adopted child acquires all of the rights, advantages, or
even obligations of a biological child. It is a wonderful social organization
that meets the requirements of both parents and kids.
Q.76 What are the five
levels of adoption?
While
there are many adaptions of the original model, Everett Rogers’s diffusion of
innovations dives into the characteristics of each of the five adopter
categories within the technology adoption life cycle:
1. innovators,
2. early adopters,
3. early majority,
4. late majority, and
5. laggards.
Q.77 What is the latest
amendment in the Hindu Adoption and Maintenance Act?
In
a recent report, the Law Commission recommended amending the Hindu Adoptions
and Maintenance Act, 1956, to give a Hindu wife the right to request lifetime
support from the husband’s joint Hindu family in the event of his disappearance
or disability.
Q.78 What kind of a
process is adoption?
Adoption
is a social, emotional, and legal procedure that allows children who won’t be
raised by their biological parents to join another family legally and completely
while yet remaining genetically and emotionally connected to their original parents.
Q.79 What is the recent
law about adoption in India?
Adoptions
in India are governed by two laws — the Hindu Adoption and Maintenance Act,
1956 (HAMA) and the Juvenile Justice Act, 2015. Both laws have their separate
eligibility criteria for adoptive parents.
Q.80 What is legal
adoption document proof?
When
a child is adopted by parents, they give him or her an adoption certificate. A
certificate of adoption is given to the kid once the court has made the
adoption arrangements. The original birth certificate may be used in place of
this document as identification for the adopted child.
Q.81 What is the list of
documents for adoption in India?
Please
upload the following documents:
1. Photograph of
person/s adopting a child (Post Card Size)
2. Birth Certificate.
3. Proof of Residence
(Adhaar Card/Voter Card/ Driving License/ Passport/ Current Electricity Bill/
Telephone Bill.
4. Proof of Income of
last year (Salary Slip/ Income Certificate issued by Govt.
Q.82 What is an adoption
paper?
It
is the documentation relating to the adoption of a particular child.
Q.83 How do I write an
adoption affidavit?
Whereas
the Natural Father and Mother have agreed to give his ________________ (Date of
Birth _______________ who was borne at _______________ ) now aged
_____________________ (approx.) in adoption to the Adoptive Father &
Mother. The Natural father and mother have one son/daughter and one daughter,
except___________.
Q.84 Who can challenge the adoption deed?
According
to Section 15 of the Hindu Adoptions and Maintenance Act, 1956, neither the
adoptive parents nor any other party may revoke a properly completed adoption
nor may an adopted child renounce his or her adoption status and return to the
family of their birth.
Q.85 What is the meaning
of full adoption?
Full
adoption creates a new bond of kinship between the adopter and the adoptee and
cuts off all ties with the adoptee’s original family (unlike simple adoption).
Q.86 What is the
difference between the JJ Act 2000 and 2015?
The
Juvenile Justice Act of 2015 replaced the Juvenile Justice (Care and Protection
of Children) Act, of 2000. This act defines the terms orphaned, surrendered,
and abandoned children. In this act, the roles and authority of the Juvenile
Justice Board and the Child Welfare Commission are made clearer.
Q.87 Is the affidavit valid
without a notary?
The
affidavit needs to be attested by a Notary Public with a valid license in order
to be considered valid.
Q.88 Is it legal to adopt
someone orally?
He
must establish each requirement for a legal adoption in a court case involving
an oral adoption. However, if the adoption is supported by a written document
that is also registered, a presumption has been established and is being
considered in light of the requirements of the 1956 Hindu Adoptions and
Maintenance Act.
Q.89 Is adoption final
and unchangeable?
Through
the process of adoption, a child totally loses contact with his original
parents and becomes the child of the adoptive parents, acquiring all the
rights, obligations, and liabilities that a child born to those parents would
have. This suggests that the adoption is final and irrevocable.
Q.90 What are the
personal laws for adoption?
· Hindu Adoption and
Maintenance Act, 1956
This
law governs adoption among Hindus, Buddhists, Jains, and Sikhs.
· The 1980 Guardian and
Ward Act
Islamic,
Christian, and Parsi personal laws and other laws in India do not recognize a
full adoption. In India, there is no legal way for non-Hindus to adopt a kid;
instead, they are only able to take on a “guardianship” under the 1980 Guardian
and Ward Act.
· Juvenile Justice
(Care and Protection of Children) Act, 2015
This
act deals with the adoption of children who are in need of care and protection,
including orphans, abandoned children, and children in difficult circumstances.
Q.91 Is the right to adoption
a fundamental right?
The
Indian Constitution does not expressly recognize the right to adoption as a
basic freedom. The judiciary has, however, interpreted Article 21 of the
Constitution's guarantee of life, personal liberty, and privacy to also
encompass the right to adopt and be adopted.
Q.92 What is the level of
adoption?
The
level of acceptance of an innovation, which consists of five stages namely
knowledge, persuasion, decision, implementation, and confirmation.
Q.93 What is the outcome
of adoption in Hindu law?
For
all intents and purposes, an adopted child is assumed to be the child of the
adoptive family as of the adoption date, and all ties to the birth family are
declared severed as of that time.
Q.94 What is the adoption
theory’s procedure?
The
adoption theory looks at the person and the decisions they make in deciding
whether to embrace or reject a certain invention. In certain models, adoption
refers to both the decision to embrace innovation and the degree to which it
is incorporated into the relevant context.
Q.95 What is Section 75
of the JJ Act?
Section
75 provides for punishment, if any person having control of the child, assaults,
abandons, abuses, or willfully neglects the child.
Q.96 Which was the first
country to pass a law on adoption?
The
United States of America was the first nation to enact comprehensive adoption legislation.
Q.97 What exactly does
Section 11 V of the Hindu Adoption and Maintenance Act mean?
As
long as it’s not necessary for the adoption to be valid for the data homam to
be performed. (i) Section 11’s requirement that the age gap between the
adoptive son and mother be at least 21 years is one that must be followed to
the letter.
Q.98 What does JJ Act
adoption mean?
The
Act lays out the process for potential adoptive parents from India and overseas
to adopt children. According to the Act, adoption orders will be issued by the
District Magistrate (including the Additional District Magistrate) rather than
the court.
Q.99 Who introduced
adoption in India?
Adoption
was first legalized in India under English law, which did so in the second half
of the nineteenth century. The Adoption of Children Act, which was passed in
India in 1926, established legal adoption as a recognized procedure. This
legislation's main goal was to stop biological parents from taking their
adopted children back.
Q.100 Which is the
authority of adoption in India?
Central
Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women
& Child Development, Government of India.
Q.101 Who is eligible to
adopt under JJ Act?
While
the HAMA only permits the adoption of children under the age of 15, the Juvenile
Justice Act permits the adoption of children up to the age of 18[6]. According to
HAMA, adoptive parents are not permitted to adopt more than one kid of the same
gender, i.e., two children of the same gender.
Q.102 What are the two
main objectives of the JJ Act 2015?
This
act was introduced to prevent juveniles from becoming more serious criminals.
The primary objectives of the juvenile justice system are to maintain public
safety, develop skills, habilitate, and rehabilitate youth, and successfully
reintegrate youth into society.
Q.103 What is Section 81
of the Juvenile Justice Act?
Provided
that where such offence is committed by a person having actual charge of the
child, including employees of a hospital or nursing home or maternity home, the
term of imprisonment shall not be less than three years and may extend up to
seven years.
Q.104 Is it possible to
adopt more than one child?
Yes.
Parents can adopt more than one child so long as they do not have three or more
children.
Q.105 If the couple already
has a girl child of its own. Is it possible to adopt another child?
Yes.
Couples can adopt a child so long as they do not have three or more children
already
Q.106 Is there a
different adoption procedure for older children or children with special needs?
The
procedure for adopting an older child or a child with special needs is the
same; the only difference is that the parents must specify this information
while enrolling. Parents who choose such children can experience a shorter
queue. Parents may register for children in the normal category as well,
however, they may reserve a kid at any moment from the immediate placement or
special needs categories without losing their seniority for the normal
category.
Q.107 Are there any tax
benefits associated with adoption?
As
of now, there are no tax benefits associated with adoption in India.
