INTRODUCTION

The tradition of adoption among Hindus stemmed from the cultural significance placed on
having a male child. Scriptures mandated that every Hindu should strive to have a biological
child, with adoption being a secondary option. Natural-born children were considered the
only representatives of a man, and adopting a secondary son was initially viewed as
unacceptable. According to Hindu mythology, adoption historically focused on adopting a
son to ensure the continuity of the lineage and the performance of funeral rites. This emphasis
on adopting a male child is reflected in the Dharmasastras, which primarily address the
qualifications for adopting a boy. Originally, adoption served both temporal and spiritual
purposes, but in contemporary times, it also fulfills the emotional and parental desires of the
adoptive parents. In early Hindu philosophy, the practice of adopting females was not
supported, as ancient scriptures prohibited wives or daughters from conducting funeral rites
or reciting sacred texts. The prevailing belief was that only a male child had the power to
release the deceased from suffering in the afterlife or redeem them from hell.
In ancient India, the adoption ceremony (Dattahoma) held significant importance, requiring
the presence of relatives for its validation. According to Smrtikaras, adopting a child entitles
the adoptive parent to inherit the entire property, and the adopted child retains rights to the
property even if a biological son is born later.1 According to Manu, adoption is described as
the act of taking a son to fill the void left by the absence of biological offspring. It involves
transferring a son from his birth family to another family, in the form of a gift by his natural
parents.2 In this process, the adopted son is considered to have been born into the new family,
and he assumes all the rights associated with it, while his connections with his previous
family are severed. Manu specifies that when parents give their son to another individual or
family, provided that the recipient is of the same social class and shows affection, the son is
legally considered as given away.
“The Juvenile Justice (Care and Protection of Children) Act, 2015”3 (hereinafter referred to as
the JJ Act), came into effect in January 2016 that replaced the previous legislation known as
the “Juvenile Justice (Care and Protection of Children) Act, 2000.”4 This new Act was
designed to consolidate and amend laws concerning children who are either in conflict with
the law or in need of care and protection. It aimed to align with the standards outlined in The
“Convention on the Rights of the Child”, which was adopted by the “General Assembly of
the United Nations”. India became a signatory to this convention on December 11, 1992,
emphasizing its commitment to safeguarding children's best interests..5”
In this particular assignment, the learner shall analyze various aspects of adoption under the
JJ Act, 2015.

According to Manu adoption is the “Taking of a son, as a substitute for

the failure of a man issue”. Thus it is a transplantation of a son from the family in which he is
1
“Niraj Meena, Adoption Laws in India: Challenging Existing Law, (2017).”
2
“Samragyi Sajwan, Adoption in India: A Critical Analysis, 2 International Journal of Law (2018).”
3
“The Juvenile Justice (Care and Protection of Children) Act, 2015”
4
“The Juvenile Justice (Care and Protection of Children) Act, 2000”
5
“Gomati krishnanath Desai, An Overview of Child Adoption Laws in India, 4 GLOBAL JOURNAL FOR
RESEARCH ANALYSIS (2015).”

Page | 1
born to another family where he is given by the natural parents by way of gift. The adopted
son
is thus taken as having been born in the new family. He acquires all the rights and status in
the
new family and his ties with the old family come to an end. Manu says, “He whom his father
and
mother give to another as son, provided that the donee have no issue if required be of the
same
class, and affectionately disposed, is considered as a son given, the gift deed been confirmed
by
pouring water
According to Manu adoption is the “Taking of a son, as a substitute for
the failure of a man issue”. Thus it is a transplantation of a son from the family in which he is
born to another family where he is given by the natural parents by way of gift. The adopted
son
is thus taken as having been born in the new family. He acquires all the rights and status in
the
new family and his ties with the old family come to an end. Manu says, “He whom his father
and
mother give to another as son, provided that the donee have no issue if required be of the
same
class, and affectionately disposed, is considered as a son given, the gift deed been confirmed
by
pouring water
According to Manu adoption is the “Taking of a son, as a substitute for
the failure of a man issue”. Thus it is a transplantation of a son from the family in which he is
born to another family where he is given by the natural parents by way of gift. The adopted
son
is thus taken as having been born in the new family. He acquires all the rights and status in
the
new family and his ties with the old family come to an end. Manu says, “He whom his father
and
mother give to another as son, provided that the donee have no issue if required be of the
same
class, and affectionately disposed, is considered as a son given, the gift deed been confirmed
by
pouring water

RESEARCH OBJECTIVES
The objectives of this assignment are:
1. Investigate the historical context and colonial influences shaping the evolution of adoption
policies in India, focusing on legislative developments from the colonial era to independence.
2. Examine the legal framework governing adoption procedures and child welfare in India,
with a particular emphasis on changes in age criteria and treatment of juvenile offenders as
per the Juvenile Justice (Care and Protection) Act, 2015.

Page | 2
3. Analyze the effectiveness and challenges of the Centralised Online Adoption System
introduced in 2015, assessing its impact on adoption rates, transparency, and the overall
experience for prospective adoptive parents and children.6

RESEARCH METHODOLOGY
This project draws extensively from a range of secondary sources, including government
reports, scholarly journals, relevant literature, research papers, and articles. Additionally, it
incorporates an analysis of pivotal cases and judgments handed down by both the Supreme
Court and High Courts. Moreover, it synthesizes material gleaned from constitutional articles
and Acts to conduct thorough legal research and analysis.

HISTORICAL EVOLUTION OF THE JJ ACT

The evolution of adoption policies and social reformation in India may have been influenced
by the colonial rule under the British. The first legislation in India to address the
differentiation of minors who committed offenses from adults was the Apprentices Act of
1850.The initial steps towards formalized care for children began with the enactment of the
first Children’s Act in the Madras and Bombay Presidencies in 1920, which placed the
responsibility of caring for destitute and neglected children on the state. The primary aim of
this legislation was to ensure the welfare and protection of children. However, the further
uniform legislation on this matter was the Juvenile Justice Act of 1986. This Act was
primarily based on the former act, which served as a model legislation for states and applied
solely to Union territories. The Juvenile Justice Act of 1986 prohibited the use of police
stations or jails for individuals covered under its provisions. It also introduced lighter
punishments compared to those prescribed under the Indian Penal Code (IPC), such as
counseling or community service, instead of incarceration. Under this Act, all girls under 18
years and boys under 16 years were considered 'juveniles.' The disparity in treatment between
genders was addressed by the Juvenile Justice (Care and Protection) Act of 2000, which
standardized the cutoff age for all genders at 18 years. This differential treatment was
justified by the understanding that juveniles inherently differ from adults, possessing greater
potential for rehabilitation and lesser comprehension of the consequences of their actions.
These reforms had a positive impact on the development of adoption policies and broader
social initiatives aimed at improving the welfare of children.

THE JUVENILE JUSTICE ACT, 2000 AND THE AMENDMENT TO

THE ACT
“The amendment of the prior JJ Act of 2000 was chiefly driven by a rise in instances of rapes
and murders committed by individuals between the ages of 16 and 18. Although the notorious
Nirbhaya gang rape case7 was not directly tied to the JJ Act of 2015, it drew considerable
6
“Juvenile Justice (Care and Protection of Children) Act, State of objects and reasons, No. 2,Acts of Parliament,
2016 (India).”
7
“AIR 2017 SUPREME COURT 2161”

Page | 3
attention to the issue of juvenile offenders participating in grave offenses. One of the
perpetrators in the Nirbhaya case, often cited as one of the most heinous, was a minor and
received a sentence under the existing JJ Act. This event sparked extensive debates and
conversations concerning the age at which individuals should be held criminally responsible
in India, leading to the amendment and implementation of the JJ Act in 2015.8 In response to
public outcry, the amended Act allows for the trial of individuals aged 16 to 18 as adults if
they are accused of committing "heinous crimes." The decision to try such individuals as
adults is determined by the Juvenile Justice Board (JJB), by the provisions of the Act. Under
the amended Act, in cases where a child aged 16 or above is accused of a heinous offence, the
Juvenile Justice Board is required to conduct a preliminary assessment. This assessment
evaluates the child's mental and physical capacity to commit the offence, their understanding
of its consequences, and the circumstances surrounding the alleged offence..”
The JJ Act of 2015 prioritizes a child-centric approach in managing issues related to the
welfare and rehabilitation of children. It brings forth several important provisions aimed at
enhancing the legal framework, including a shift in terminology from “juvenile” to “child in
conflict with the law” to remove the negative associations of the former term. 9 Additionally,
it introduces new definitions such as orphaned, abandoned, and surrendered children, as well
as distinctions between minor, serious, and severe offenses committed by children. To further
streamline adoption processes, the existing “Central Adoption Resource Authority” is
upgraded to a statutory body, granting it enhanced authority to effectively carry out its
functions.

ADOPTION UNDER THE JJ ACT, 2015

“The JJ Act, 2015 applies to all Indian citizens and permits the adoption of two children of
the same gender. It grants the status of parents and child, rather than guardian and ward, and
extends the same rights available to biological children to adopted children.10 This legislation
is specifically designed to address the care, protection, development, and rehabilitation of
juveniles in conflict with the law and children in need of care and protection. Similar to the
“Special Marriage Act 1954”,11 which allows individuals of any religion residing in India to
marry under its provisions, the JJ Act provides a uniform and stable legal framework for
justice across the country. It covers individuals up to the age of majority, i.e. 18 years..”
“In the case of Shabnam Hashmi v. Union of India,12 the Supreme Court affirmed the right
to adopt as a fundamental right protected under Part III of the Constitution. The court ruled
that individuals seeking to adopt under the Juvenile Justice Act, 2000, have the right to do so
regardless of their religion, caste, or creed. Additionally, the court noted that while Muslim
law does not formally recognize adoption, it also does not prohibit couples from providing
emotional and financial care for a child..”
The objectives of this initiative are as follows:
8
“BajpaiAsha, adoption Law and Justice to the child (Centre for child and Law, National law school of India
University, Bangalore, 1996”
9
“Yash Arjariya, Adoption Under Juvenile Justice (Care and Protection of Children) Act, 2015, 3 International
Journal of Law (2022).”
10
“Bhargavi, A Critical Analysis of Laws on Adoption of Children, 2 Asian Journal of Multidisciplinary
Research and Review (2021).”
11
“The Special Marriage Act 1954”
12
“M/S Shabnam Hashmi vs Union Of India & Ors (2014) 4 SCC 1”

Page | 4
 1. To establish a comprehensive framework aimed at providing care, protection,
treatment, development, and rehabilitation for children requiring assistance and
protection.
2. To safeguard the rights of children who find themselves in conflict with the law,
ensuring that they are treated with fairness, dignity, and opportunities for reform.
3. To facilitate the rehabilitation and successful reintroduction into society of children
who have engaged in unlawful behavior, with a focus on preventing recidivism.
4. To create specialized institutions and mechanisms, such as Child Welfare Committees
and Juvenile Justice systems, dedicated to addressing the needs of children in need of
care and protection or those involved in criminal activities, thereby ensuring their proper
care, treatment, and rehabilitation.
The JJ Act 2015 is characterized by its secular nature, allowing individuals from various
marital statuses—single, married, unmarried, divorced, or widowed—to adopt orphaned,
abandoned, or surrendered children. Children who are reported missing are placed under the
care of Child Welfare Committees and Child Care Institutions. An investigation, conducted
jointly by the police and social workers, determines the legal eligibility of a child for
adoption, with notices issued to ensure the child's social security. It established the Central
Adoption Resource Authority (CARA) to oversee adoption procedures.

WHO CAN ADOPT?

As per Section 57,13 the Prospective Adoptive Parents must demonstrate physical fitness,
financial stability, mental alertness, and a genuine motivation to provide a healthy and
nurturing environment for the child. Consent from both spouses is required for adoption. A
minimum age difference of twenty-five years between the parent and the child is mandated. It
necessitates the consent of both spouses if the adoption involves a married couple. However,
single or divorced individuals are also eligible to adopt, provided they meet the required
criteria and adhere to the regulations set forth by the adoption authority. It's important to note
that single males are not permitted to adopt female children. Additionally, for any couple
seeking adoption, a minimum of two years of stable marital relationship is required before
they can be considered eligible to adopt a child.
“In the case of In Re: Adoption of Payal @ Sharinee Vinay,14 a petition was brought before
the Court to determine whether a Hindu couple, already having a natural child of their own,
could adopt a child of the same gender under the provisions of the Juvenile Justice Act of
2000 (JJ Act). The Court concluded that the JJ Act specifically allowed for the adoption of
certain children, namely those who were abandoned and in need of care and protection,
constituting a distinct category of children for whom a procedure was established. While the
Hindu Adoption Act imposed limitations on adopting a child of the same sex as the natural
child, the Court emphasized the need to interpret the two Acts harmoniously. Consequently,
the Court ruled that a Hindu couple could adopt a child under the JJ Act if the child met the

13
“The Juvenile Justice (Care and Protection Of Children) Act § 57 (2015).”
14
“2010 (1) Bom CR 434”

Page | 5
criteria specified by the Act. In this particular case, the adoption was permitted as the child
satisfied the requirements outlined in the JJ Act..”
presented before the Court concerning whether a Hindu couple, already having a biological
child of their own, could legally adopt a child of the same gender under the provisions of the
JJ Act. The Court determined that the Act explicitly permitted the adoption of certain
children, specifically those who were abandoned and in need of care and protection, forming
a distinct category for whom a procedure was established. While the “Hindu Adoption and
Maintenance Act, 1956”15 imposed restrictions on adopting a child of the same gender as the
biological child, the Court stressed the importance of interpreting the two Acts in harmony.
Consequently, the Court ruled that a Hindu couple could adopt a child under the JJ Act if the
child met the criteria specified by the Act. In this specific instance, the adoption was
sanctioned as the child fulfilled the requirements outlined in the JJ Act.

“A CHILD LEGALLY FREE FOR ADOPTION”

As per Section 38,16 the process for declaring a child legally free for adoption is overseen by
the Child Welfare Committee (CWC) of the respective district. The procedure varies
depending on the category of the child:
1. Orphan/Abandoned Child: Initially, the “Child Welfare Committee” endeavors to find the
parents or guardians of the child. If it is verified that the child is indeed orphaned or
abandoned, they are deemed legally eligible for adoption. This determination must be made
within a period of two months if the child is up to two years old, or within four months if the
child is older.
2. Surrendered Child: Parents or guardians who have voluntarily surrendered a child are
provided with a two-month window to reassess their decision. If there is no change in
decision within this timeframe, the child is officially declared legally available for adoption.

PROCEDURE OF ADOPTION
For parents residing in India-
1. Application Process: Prospective parents, regardless of their religion, must apply through a
“Specialized Adoption Agency” via the “Child Adoption Resource Information and Guidance
System”, submitting an online application form along with necessary documents. These
institutions are responsible for ensuring that such children are placed for adoption in
accordance with the provisions of the Act.
2. Home Study Report: The SAA conducts a home study report for the prospective parents,
which is then posted on the “Child Adoption Resource Information and Guidance System”.
This report serves as the basis for adoption and remains valid for three years.

15
“The Hindu Adoption and Maintenance Act, 1956”
16
“The Juvenile Justice (Care and Protection Of Children) Act § 38 (2015).”

Page | 6
3. Referral of Child: Prospective parents are referred to profiles of three children based on
their preferences. They have 48 hours to select a child for adoption.
4. Pre-adoption Foster Care: After selecting a child, prospective parents sign necessary
reports and the child is placed in pre-adoption foster care by the SAA.
5. Adoption Order and Birth Certificate: Upon court approval, an adoption order is issued,
and the child's birth certificate is updated with the adoptive parents' names.
6. Follow-up: The SAA conducts post-adoption follow-up reports every six months for two
years.

For Parents Living Abroad-

1. Application Process: Prospective parents from Hague Adoption Convention signatory
countries apply through an authorized Foreign Adoption Agency or Central Authority.
2. Referral of Child: Eligibility confirmation and completion of paperwork, prospective
parents receive profiles of two children and have 96 hours to choose.
3. Pre-adoption Foster Care: Prospective parents may take the child into pre-adoption foster
care in India with a No Objection Certificate while awaiting court approval.
4. Follow-up: Progress reports on the adopted child are submitted quarterly for the first year
and semi-annually for the second year.
In the case of Laxmi Kant Pandey v. Union of India,17 a letter written by an advocate raised
concerns regarding malpractices by voluntary and social organizations involved in inter-
country adoption, alleging that children were being subjected to poor conditions and
exploitation, including forced beggary. The matter involved the adoption of children who
were abandoned, destitute, and residing in child or social welfare homes. The SC recognized
the issue as a matter of public interest and issued directives. As a result, the Court directed
the establishment of a regulatory body called the “Central Adoption Resource Agency” to
supervise the entire adoption process. CARA was tasked with ensuring transparency,
accountability, and the welfare of children involved in adoption procedures.

For Adoption by Relatives-

1. Application Process: Biological parents’ consent or permission from the “Child Welfare
Committee” is mandatorily needed, in addition to the child's consent if they are over five
years old.
2. Court Application: Prospective adoptive relatives must file an application in court with
necessary documents and parental consent.
3. Certified Order: After court approval, a certified adoption order is obtained and updated in
the Child Adoption Resource Information and Guidance System.

17
1987 AIR 232”

Page | 7
MINIMUM INCOME LEVEL FOR ADOPTION
There is no specified minimum income requirement for parents to be eligible to adopt a child,
according to the “Adoption Regulations 2017”.18 However, during the home study process,
the prospective adoptive family's ability and willingness to provide adequate living standards
for the child will be evaluated.

CONCLUSION
Adoption should not be viewed as a coercive measure by the government to impose children
on unwilling parents. Instead, it should be seen as a voluntary decision made by eligible
individuals to offer care, affection, and security to abandoned and homeless children.
Regardless of religious beliefs, the love and bond towards these children should not be
denied, as they are seen as gifts from the supreme power. The innocence and joy reflected in
a child's smile exemplify the beauty of existence.
“Adoption under the JJ Act, 201519 in India represents a significant legal framework aimed at
providing care, protection, and rehabilitation for children in need. The JJ Act applies
universally to all Indian citizens, granting the status of parents and child to adoptive families,
thereby ensuring equal rights and opportunities for adopted children as for biological
children. The objectives of the JJ Act are multifaceted, aiming to establish a comprehensive
framework for the care, protection, development, and rehabilitation of children in conflict
with the law and those in need of care and protection. The Act seeks to safeguard the rights of
18
“The Adoption Regulations, 2017”
19
“The Juvenile Justice (Care and Protection of Children) Act, 2015”

Page | 8
children, ensure fair treatment and opportunities for reform, facilitate successful reintegration
into society, and establish specialized institutions for their care and rehabilitation. The Act
allows for adoption by individuals of various marital statuses, including single, married,
unmarried, divorced, or widowed. However, certain restrictions apply, such as prohibiting
single males from adopting female children and requiring a minimum age difference of
twenty-five years between the parent and the child..”
The JJ Act also outlines procedures for declaring a child legally free for adoption, including
the involvement of the “Child Welfare Committee” and specific timelines for different
categories of children. Adoption procedures vary for parents residing in India and those living
abroad, with detailed steps involving application, home study reports, referral of children,
pre-adoption foster care, court approval, and follow-up reports. To address concerns
regarding malpractices in adoption, the SC directed the establishment of the CARA to
supervise the adoption process, ensuring transparency, accountability, and the welfare of
children involved. CARA plays a crucial role in overseeing adoption procedures and ensuring
the well-being of adopted children.With its comprehensive framework and emphasis on the
benefit of children, the JJ Act serves as a cornerstone in promoting adoption as a means of
providing loving and supportive families for children in need

Page | 9