Code: Section 58 – Procedure for Adoption by Indian Prospective Adoptive Parents Living in India
(1) Indian prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same to a Specialised Adoption Agency, in the manner as provided in the adoption regulations framed by the Authority.
(2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority.
(3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application before the District Magistrate for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority.
(4) On the receipt of a certified copy of the order passed by the District Magistrate, the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents.
(5) The progress and well-being of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by the Authority.
Explanation of Section 58 of the Juvenile Justice Act
Section 58 provides a step-by-step legal process for Indian residents wishing to adopt a child. It applies to all Indian citizens, regardless of their religion. The adoption process must comply with regulations framed by the Central Adoption Resource Authority (CARA).
The procedure begins with the prospective adoptive parents submitting an application to a Specialised Adoption Agency (SAA). This agency conducts a thorough home study to assess the applicants’ suitability. Once deemed eligible, the agency shares the profile, medical report, and background of a legally available child.
Upon accepting the child, the parents sign and return the required documents. The agency then places the child in pre-adoption foster care and files for legal adoption before the District Magistrate. After receiving the adoption order, the agency hands over the certified copy to the adoptive parents.
Importantly, even after adoption, the child’s progress is monitored to ensure their well-being in the new family environment.
Key Steps Under Section 58:
- Application to a Specialised Adoption Agency
- Preparation and approval of home study report
- Referral of a legally free child for adoption
- Pre-adoption foster care after child acceptance
- Legal adoption through District Magistrate’s order
- Post-adoption follow-up of the child’s well-being
Illustration
Example 1: Legal Adoption by Indian Couple
An Indian couple residing in Mumbai applies to a registered Specialised Adoption Agency to adopt a legally surrendered child. After successful verification through a home study, they are referred a child with the medical and background details. They accept the child and complete the necessary documentation. The child is placed in their care while the agency obtains an adoption order from the District Magistrate. The adoption is finalized legally, and the child becomes a part of their family.
Example 2: Post-Adoption Follow-Up
After adoption, the agency regularly checks on the child’s health and emotional development in the new home. These follow-ups help ensure that the child is adjusting well and receiving proper care.
Common Questions and Answers
1. Who can adopt under Section 58?
Any Indian citizen living in India, regardless of religion, can adopt a child under this section, provided they meet the eligibility criteria.
2. What is a home study report?
A home study report is a detailed assessment conducted by the adoption agency to evaluate the prospective adoptive parents’ readiness and suitability to raise a child.
3. What is pre-adoption foster care?
Pre-adoption foster care refers to the period when the child is placed in the adoptive parents’ home before the final adoption order is granted by the District Magistrate.
4. Is court approval required for adoption?
Yes. The adoption process is legally completed only after the District Magistrate issues an adoption order.
5. What happens after the adoption is finalized?
The adoption agency monitors the child’s adjustment and well-being in the adoptive home as per CARA’s adoption regulations.
Conclusion
Section 58 of the Juvenile Justice Act ensures a transparent, legal, and child-centric process for Indian families seeking to adopt. It safeguards the interests of the child by ensuring that adoptive parents are thoroughly screened, the adoption is legally validated, and follow-up care is provided post-adoption. This structured approach balances the rights of the child with the responsibilities of the adoptive parents.
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