ADOPTION LAWS

 

Introduction:-

          Adoption as a concept has different dimensions in various legal systems.  It is serving a very important social purpose also. Adoption is a very important institution in our society.

 

Definition of adoption laws:-

          Adoption is the act of taking something on as your own.  Adoption usually refers to the legal process of becoming a non biological parent but it also refers to the act f embracing ideas, habits, or free kittens.

 

Adoption laws

Ø  The well known hindu adoption and maintenance act 1956 governs adoption among the majority community in India.

Ø In case of minority communities whose personal lows fails to permit adoption.

 

In respect of the child

Ø A prospective child for adoption must not have completed 15 years.

Ø An adopted child cannot be readopted by another person even though the latter is the child’s nature (biological).

Ø A married child cannot be adopted.

 

In respect of the adopting parent

Ø A hindu cannot adopt more than one male or female child the adopting parent must be a major (has completed age of 18 years) and of sound mind.

Ø It is obligatory for a married hindu male to obtain consent of his wife for adopting a child.

Ø A married hindu woman cannot adopt even with the consent of her husband.

 

In respect of parent who given in adoption

Ø The father cannot give his child in adoption without the consent of the mother.

Ø The mother of an illegitimate child is entitled to give the child for adoption.

 

In respect of the guardian

Ø The guarding is entitled to give the child in adoption under special circumstances such as when the parentage is not known e.g., abandoned children in hospital, nursing home or refuge camp.

 

Adoption and the pediatrician

          The role of pediatrician both before and after adoption remains important.  He must encourage adoption from an approved, agency only.  He should appropriately assess the psychosocial settings of the adopting couple.  Secondly he should provide adequate safeguard to the adopting couple by providing correct information about the health status of the child to be adopted thirdly he should make available to the adopted child as a consequence of overindulgence of the proteins.

 

Child adoption laws in India act

 

Difference between Hindu Adoption and Maintenance Act 1956 and Guardians and Wards Act 1890

 

          There is general law of adoption in India people belonging to different religions, in India only low related to adoption is a governed through the hindu adoption and maintenance act 1956 which provides to hindus to adopt a child legally, and people belonging to other religions who are desirous of adopting a child can only take the child in guardianship the provision of the guardians and wards act 1890.

 

The Juvenile justice (Care and protection of children) Act 2000

          The juvenile justice (Care and protection of children) Act 2000 is applicable to all Indian citizen.  It allow adoption of two children of the same sex.  It confers status of parents and children and not guardian and ward.  If also confers right available to child an the adopted child, juvenile justice act 2000 is designed for the care protection development and rehabitation of juvenile in conflict with law and child in need of care and protection.

 

Constitution of India:-

          The government of India is trying to give full rights and welfare of the children the constitution of India provides fundamental right under chapter III one of there rights is provided under, article 21 which reads as follows, no person shall be deprived of his life or personal liberty except according to procedure established by law., ⁸ thus article 21 gives every child to live with dignity.

 

Ø  Article 24 – Fundamental rights of the citizens provides the right against exploitation the children below 14 years, article 44 of the constitution decreases that.

 

SUMMARY

          An adoption from the United states is an outgoing convention case if it has all of the following components:-

Ø  The child being adopted is resident in the United States.

Ø The Prospective adoptive parent(s) is are resident in a foreign convention country, where they will move the child after adoption in the US or plan to move the child for the purpose of adoption.

Ø The prospective adaptive parents initiated the adoption process by applying to the central authority in their country of residence on or after April 1, 2008.