Code: Section 63 JJ Act
A child in respect of whom an adoption order is issued by the District Magistrate, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:
Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family.
Explanation of Section 63 JJ Act
Section 63 of the Juvenile Justice Act outlines the legal impact of adoption once an order is issued by the District Magistrate. It provides clarity on the relationship between the adopted child and both the adoptive and biological families.
Key Highlights:
- Once the adoption order takes effect, the child is legally recognized as the biological child of the adoptive parents.
- All legal ties with the birth family are severed from the date the order becomes effective.
- This change includes rights related to inheritance (intestacy).
- However, any property the child owns before the adoption continues to belong to them.
- The adopted child must still meet any legal obligations attached to that property. This includes, for example, supporting relatives from the biological family if required by law.
This provision ensures the complete legal integration of the child into the adoptive family while protecting any existing rights or property.
Illustration
Example 1: Inheritance Rights
A 7-year-old child is adopted through a legal order issued by the District Magistrate. After the adoption order takes effect, the child gains the same rights as a biological child in the adoptive family. This includes the right to inherit property from the adoptive parents.
Example 2: Property Retention from Birth Family
Before adoption, the child inherits a small piece of agricultural land from their biological grandfather. After adoption, the child retains ownership of the land. However, if that property has attached legal duties—like supporting a biological relative—those obligations continue.
Common Questions and Answers on Section 63 JJ Act
- What happens to the child’s legal relationship with the birth family after adoption?
The relationship is completely severed. All rights and responsibilities shift to the adoptive family. - Does the adopted child have the same rights as a biological child?
Yes. The adopted child is treated as if they were born into the adoptive family, including for inheritance. - What happens to property owned before adoption?
The child keeps ownership of that property. However, any duties tied to it remain in effect. - Can the biological family make claims after adoption?
No. After the adoption order takes effect, all legal ties with the biological family are replaced. - When do these changes take effect?
All changes apply from the date the District Magistrate’s adoption order becomes effective.
Conclusion
Section 63 confirms the legal finality and completeness of adoption under Indian law. It ensures that the adopted child becomes a full member of the new family—socially, emotionally, and legally. At the same time, it protects any property or legal responsibilities the child had before the adoption.
For more insights on adoption law and child rights in India, visit ApniLaw.
