Procedure for adoption under Juvenile Justice Act

 Procedure in case of orphaned and abandoned children:

The Specialized Adoption Agencies shall produce all orphaned and abandoned children who are to be declared legally free for adoption before the Committee within 24 hours of receiving such children, excluding the time taken for journey. A copy of the report should be filed with the police station in whose jurisdiction the child was found abandoned.

A Child becomes eligible for adoption when the Committee declares the child legally free for adoption after completion of its inquiry. Such inquiry should be conducted by the Probation Officer or Child Welfare Officer, who shall produce report to the Committee containing the findings within one month.

The Specialized adoption agency shall declare stating that there has been no claimant for the child even after making notification in at least one leading national newspaper and one regional language newspaper for children below two years of age and for children above two years, an additional television or radio announcement and notification to the missing persons squad or bureau shall be made.

Time stipulation: In case of abandoned child below two years, such a declaration shall be done by CWC within a period of sixty days from the time the child is found. For an abandoned child above two years of age, such a declaration shall be done within the period of four months.

A child must be produced before the Committee at the time of declaring him/her legally free for adoption.

Subsequently, the child shall be placed in a specialized adoption agency or recognized and certified children’s home or in a pediatric unit of a Govt. hospital followed by production of the child before the Committee within 24 hours.

No child above seven years of age who can understand and express his opinion shall be declared free for adoption without his/her consent.

Procedure in case of surrendered children:

A surrendered child is one who has been declared as such after due process of inquiry by the Committee and in order to be declared legally free for adoption, a surrendered child shall be any of the following:

1. Born as a consequence of non-consensual relationship,

2. Born of an unwed mother or out of wedlock,

3. Whose one of the biological parents is dead and the living parent is incapacitated to take care, 

4. A child whose parents or guardians are compelled to relinquish him/her due to physical, emotional and social factors beyond their control.

The Committee shall give effort for counseling of the parents, explaining the consequences of adoption and exploring the possibilities of parents retaining the child and if the parents are unwilling to retain, then such children shall be kept initially in foster care or arranged for their sponsorship.

If the surrender is inevitable, a deed of surrender shall be executed on a non-judicial stamp in presence of the Committee. 

Time stipulation: In case of surrendered child, two months reconsideration time shall be given to the biological parent or parents after surrender before declaring the child legally free for adoption.