- 19-Apr-2025
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The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is a comprehensive law in India that governs the care, protection, and rehabilitation of children who are in need of care and protection, including those who are orphans, abandoned, or surrendered. The JJ Act provides clear guidelines and procedures for adoption in India, emphasizing the best interests of the child and ensuring that children are placed in safe, loving homes. It regulates the adoption process to safeguard the rights of children while also establishing the roles and responsibilities of adoptive parents, adoption agencies, and the state.
The JJ Act governs the adoption of children who are in need of care and protection, including those who are orphans, abandoned, or surrendered by their biological parents. The adoption is done through Central Adoption Resource Authority (CARA), which is the statutory body under the Ministry of Women and Child Development (MWCD).
The Act provides a legal framework for the adoption of children under the age of 18, ensuring their best interests are prioritized during the process.
Single and Married Parents: The Act allows both single and married individuals to adopt a child, with certain age restrictions. The combined age of married couples should be at least 26 years, and the maximum age for adopting parents generally does not exceed 90 years for a child.
Marital Status and Health: There are provisions regarding the health and marital status of adoptive parents. For instance, the Act allows adoption by single parents, but they must fulfill certain health and financial criteria. Similarly, married couples must show that they are legally married and have the emotional and financial stability to raise a child.
The process of adoption under the JJ Act involves several steps to ensure that the child's welfare is safeguarded:
Central Adoption Resource Authority (CARA) is the central body under the Ministry of Women and Child Development responsible for regulating and monitoring the adoption process. CARA ensures that the adoption process is carried out ethically, transparently, and in the best interest of the child.
CARA oversees the functioning of adoption agencies, both government and non-government, and ensures they comply with the regulations under the JJ Act. It also coordinates inter-country adoptions.
The JJ Act places great emphasis on ensuring the welfare of children and their best interests. The Act ensures that children who are adopted are placed in safe, nurturing environments.
The child’s emotional, social, and psychological well-being is prioritized. Therefore, adoptive parents are required to be capable of providing adequate care, including meeting the child’s special needs, if any.
The Act also provides for the rehabilitation and reunification of children with their biological families wherever possible, before they are declared legally free for adoption.
Surrendered Children: The biological parents of children who are surrendered or abandoned are required to give consent for adoption, though there are safeguards in place to prevent undue pressure or coercion.
Post-Adoption Contact: The Act allows for open adoptions in cases where the biological parents and adoptive parents agree to maintain communication. This ensures that the child’s identity and heritage are preserved, and the adoptive family can provide the child with information about their origins when the time is right.
The JJ Act also regulates inter-country adoption, where children are adopted by foreign nationals. In such cases, the adoption must comply with the regulations laid out by CARA and follow international adoption protocols, including the Hague Convention on Intercountry Adoption, if applicable.
Inter-country adoptions require extensive checks to ensure that the child’s welfare is prioritized, and the adoption process is legally binding in both India and the receiving country.
CWCs play a key role in the adoption process, especially in declaring children legally free for adoption. They are responsible for verifying the status of children who are orphaned, abandoned, or surrendered and ensuring that they are placed in the care of a child care institution until adoption can be completed.
CWCs also assess cases of abuse, neglect, and special needs to ensure that children are placed in families that can provide the care and support they need.
Ananya and Rajesh, a married couple from Delhi, decide to adopt a child through a government-recognized adoption agency. The agency conducts a home study to evaluate their eligibility and suitability as adoptive parents. After confirming their financial stability and emotional preparedness, they are matched with a 2-year-old girl whose biological parents have surrendered her. The CWC declares the child as legally free for adoption. The couple is granted temporary custody, and after the mandatory waiting period of 2 months, they receive the final adoption order, making the adoption permanent and irrevocable.
In another case, Suresh, a single man from Bangalore, is interested in adopting a child. After completing the home study, he is matched with a 5-year-old boy who is in the care of a child care institution. Suresh’s application is processed by the CARA, and the Adoption Tribunal grants him final adoption after the necessary legal proceedings.
The Juvenile Justice (Care and Protection of Children) Act, 2015 regulates adoption in India by providing a clear framework for the adoption process, emphasizing the best interests of the child. It involves a structured process, including home studies, matching, and legal adoption orders, to ensure that children are placed in stable and loving families. The Act prioritizes the welfare of children, protects the rights of biological parents, and regulates inter-country adoption through the Central Adoption Resource Authority (CARA). The law ensures that the adoption process is ethical, transparent, and legally binding, with the child’s safety, emotional well-being, and future welfare at the forefront.
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