In country and inter-country adoptions

The Juvenile Justice Act route, eligibility, the sixty-day rule and the role of CARA

In one minute

The Hindu Adoptions and Maintenance Act, 1956 covers adoption by Hindus. The Juvenile Justice Act, 2015 gives a second, secular route for orphan, abandoned and surrendered children, open to prospective parents of any religion.

In-country adoption, within India, is the first choice. A child can go to parents abroad only if no Indian or non-resident Indian family comes forward within sixty days of the child being declared free for adoption. The Central Adoption Resource Authority regulates both.

Exam focus

Frequency: No data
Usually asked as: No data

Legal provision

Section 56(1), Juvenile Justice Act, 2015: adoption ensures the right to a family for orphan, abandoned and surrendered children. It works under the Act, its rules and the adoption regulations.
Section 57: prospective adoptive parents must be physically fit, financially sound, mentally alert and highly motivated. For a couple, both spouses must consent. A single or divorced person may adopt under the regulations. A single male is not eligible to adopt a girl child.
Section 59(1): a child may be placed for inter-country adoption only in one case. No Indian or non-resident Indian adoptive parent could be found within sixty days of the child being declared legally free, despite the efforts of the agencies.
Section 59(2): eligible non-resident Indians, overseas citizens of India and persons of Indian origin get priority in inter-country adoption.
Section 61: the adoption order. After the 2021 amendment, the District Magistrate, including an Additional District Magistrate, issues it in place of the civil court.

Meaning and definition

Inter-country adoption is the adoption of a child from one country by parents living in another. In-country adoption is adoption of a child within India by parents resident in India.

Route of an adoption under the Juvenile Justice ActHow to read this: follow the boxes from top to bottom. Indian placement comes before any inter-country placement.

1. The child is declared legally free for adoption.
2. Efforts are made to place the child with an Indian family (in-country adoption).
3. If no Indian or non-resident Indian family comes forward in sixty days, inter-country placement is allowed (section 59).
4. ResultThe District Magistrate issues the adoption order (section 61).

Detailed explanation

Step 1: two routes to adoption

Hindu Adoptions and Maintenance Act, 1956: for Hindus, with the conditions of Chapter II.
Juvenile Justice Act, 2015: for orphan, abandoned and surrendered children declared legally free, and for prospective parents of any religion, through a regulated procedure.

Step 2: in-country adoption

Section 56 aims at giving the right to a family to children without one. Section 57 sets the qualities of adoptive parents. Further criteria are in the adoption regulations framed by the Central Adoption Resource Authority. A Child Welfare Committee declares a child legally free for adoption. Prospective parents register, an agency studies the family and matches them with a child, and the District Magistrate issues the order.

Example. A couple in Hyderabad register as prospective parents. After the child study and matching, they take a surrendered two-year-old girl into pre-adoption care. The District Magistrate then issues the adoption order.

Step 3: inter-country adoption

This is allowed only after in-country efforts fail within sixty days, so that Indian children are first offered to Indian families. Among foreign applicants, non-resident Indians, overseas citizens of India and persons of Indian origin get priority (section 59). All inter-country adoption must follow the Act and the regulations.

Step 4: safeguards laid down by the Supreme Court

In Lakshmi Kant Pandey v. Union of India ((1984) 2 SCC 244) the Supreme Court gave detailed guidelines for adoption of Indian children by foreigners, to protect children from trafficking and exploitation. The Central Adoption Resource Authority was recommended and set up in 1989.

Step 5: the Hague Convention

India is a party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The Central Adoption Resource Authority acts as the Central Authority under it.

Step 6: the regulator

The Central Adoption Resource Authority is the nodal body for adoption of Indian children and monitors both in-country and inter-country adoption under the Act.

Don't confuse: in-country and inter-country adoption

Point	In-country	Inter-country
Adopters	Parents resident in India	Parents living outside India
When allowed	First choice	After sixty days without an Indian or NRI placement
Priority	Indian families	NRIs, OCIs and persons of Indian origin first
Main provision	Section 57	Section 59; Lakshmi Kant Pandey

Inside the concept. A child declared legally free is placed with a family in Vijayawada. This is in-country adoption.

Just outside it. No Indian family comes forward in sixty days, and the child is placed with a family in Canada. This is inter-country adoption.

Common mistakes

Saying that inter-country adoption is the first choice. Indian placement comes first.
Applying the 1956 Act to every child. It covers Hindu adoption only.
Saying that a single man may adopt a girl. Section 57(4) bars it.
Saying that a court issues the adoption order. Since the 2021 amendment it is the District Magistrate.

Apply it

Problem

A single man in Warangal applies to adopt an abandoned girl child who has been declared legally free. Is he eligible?

Issue

Can a single male adopt a girl under the Juvenile Justice Act?

Rule

Section 57(3) allows a single person to adopt under the regulations, but section 57(4) says that a single male is not eligible to adopt a girl child.

Application

The applicant is a single male and the child is a girl.

Conclusion

He is not eligible to adopt the girl. He may be eligible to adopt a boy under the regulations.

Leading case laws

Lakshmi Kant Pandey v. Union of India (1984)
Facts. A letter petition raised the danger to Indian children from adoption by foreigners.

Principle. The Supreme Court laid down guidelines for inter-country adoption, to protect the child from trafficking and exploitation.

Why it matters. It is the basis of the regulation of inter-country adoption in India.
Shabnam Hashmi v. Union of India (2014)
Facts. The petitioner asked for a right to adopt irrespective of religion, caste or creed.

Principle. The Court treated the Juvenile Justice Act as the secular route open to any person.

Why it matters. It shows that adoption under the Juvenile Justice Act does not depend on personal law.

How to write this answer in the exam

5-mark answer

Two routes: 1956 Act and Juvenile Justice Act.
In-country adoption and section 57.
Inter-country adoption: sixty days.
Role of CARA.

10-mark answer

Meaning of the two kinds.
Juvenile Justice Act: sections 56 and 57.
Procedure and the District Magistrate's order.
Section 59 and priority to NRIs, OCIs and PIOs.
Lakshmi Kant Pandey and the Hague Convention.
Comparison table.

Key points to remember

Two routes: Hindu Adoptions and Maintenance Act, 1956 and Juvenile Justice Act, 2015.
Section 57: eligibility; both spouses consent; single male cannot adopt a girl.
Section 59: inter-country adoption only after sixty days without an Indian placement.
Priority to NRIs, OCIs and persons of Indian origin.
District Magistrate issues the order after the 2021 amendment.

Quick self-test

1. After how many days can inter-country placement be considered?

Sixty days after the child is declared legally free.

2. Who issues the adoption order now?

The District Magistrate.

3. Which case laid down inter-country safeguards?

Lakshmi Kant Pandey v. Union of India (1984).