Code: Section 57 – Eligibility of Prospective Adoptive Parents
(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 case of a couple, the consent of both the spouses for the adoption shall be required.
(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulations framed by the Authority.
Explanation of Section 57 of the Juvenile Justice Act
Section 57 of the Juvenile Justice (Care and Protection of Children) Act lays down the eligibility criteria for individuals or couples who wish to adopt a child. These criteria ensure that only suitable, responsible, and capable individuals are allowed to take on the serious responsibility of raising a child.
Firstly, prospective adoptive parents must be:
- Physically fit
- Financially stable
- Mentally alert
- Emotionally and morally motivated
This ensures that the child will be raised in a safe, nurturing, and healthy environment.
If a couple wants to adopt, both partners must agree to the adoption. This mutual consent is essential for a stable upbringing.
Importantly, the Act allows single or divorced individuals to adopt, provided they meet all the required criteria. However, a single male is prohibited from adopting a girl child. This provision has been added to protect the child’s best interests and safety.
Additionally, the Central Adoption Resource Authority (CARA) may specify more eligibility conditions through adoption regulations.
Key Eligibility Requirements:
- Physical, mental, and financial fitness
- Strong motivation to raise a child
- Joint consent in case of couples
- Single and divorced individuals are eligible
- Single males cannot adopt a girl child
- Additional criteria may be specified by CARA
Illustration
Example 1: Married Couple Adoption
A financially stable couple in their 30s applies for adoption. They both submit consent forms and undergo the required screening. Since they meet all the conditions, the adoption is approved through CARA.
Example 2: Single Female Adoption
A single, financially independent woman wishes to adopt a child. After passing all the health and background checks, she is found eligible. She adopts a girl child legally under Section 57.
Example 3: Ineligible Applicant
A single man applies to adopt a girl child. Even though he meets the financial and health criteria, the application is rejected as Section 57(4) does not allow single males to adopt girls.
Common Questions and Answers
1. Can a single person adopt a child?
Yes, single or divorced individuals can adopt if they meet all the required criteria. However, single men cannot adopt girl children.
2. What are the basic eligibility conditions for adoption?
Prospective adoptive parents must be physically fit, financially stable, mentally alert, and motivated to provide a good upbringing.
3. Can a couple adopt if only one spouse agrees?
No. The consent of both spouses is mandatory for a valid adoption.
4. Who sets the additional eligibility rules?
The Central Adoption Resource Authority (CARA) may prescribe additional conditions through adoption regulations.
5. Why can’t single men adopt girl children?
This restriction is a protective measure to safeguard the well-being and rights of girl children.
Conclusion
Section 57 of the Juvenile Justice Act ensures that adoption is carried out responsibly. By defining who is eligible to adopt, it helps protect the child’s right to a secure and nurturing environment. Whether it’s a couple or a single parent, only those who are physically, mentally, and financially prepared—and legally permitted—can be entrusted with a child’s future.
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