Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Definition and Eligibility of Orphan - An orphan is defined under Section 2(42) of the Juvenile Justice (JJ) Act as a child whose legal guardian is not willing or capable of taking care of the child ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"], ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"]. The Child Welfare Committee (CWC) can declare such a child legally free for adoption after inquiry ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"], ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"].
Procedure for Adoption of Orphaned Children - Prospective adoptive parents (PAPs), whether Indian or foreign, must apply through authorized agencies or specialized adoption agencies (SAAs). Indian PAPs can apply to agencies like CARA, which is recognized as an authority under the JJ Act ["Michelle Camilleri VS Central Adoption Resource Authority - Delhi"], ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"]. Foreigners or NRIs interested in inter-country adoption must follow Section 59 of the JJ Act, which includes assessments of suitability, counseling, and certification ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"], ["U. Ajay Kumar, S/o. Chandrashekar Udnur VS Union of India, Represented by its Member Secretary and Chief Executive Officer Central Adoption Resource Authority Ministry of Women and Children Development - Karnataka"], ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"].
Eligibility of Prospective Adoptive Parents - Both Indian and foreign prospective parents must be physically fit, financially sound, and mentally alert. Single persons can adopt, except single males cannot adopt girl children ["Amrik Singh VS Union Territory of Chandigarh Through Its Principal Secretary - Punjab and Haryana"], ["Arjun Neelakantan and Another v. NIL - Madras"], ["Holy Apostles Convent Vs nil - Madras"]. The law emphasizes that adults or mature children (above 18) cannot be adopted, as the concept of giving oneself in adoption does not apply to adults ["Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144"], ["Dhanraj Jain VS Suraj Bai - Rajasthan"].
Special Considerations for Adults - Adoption of adult or mature orphans is generally not permissible. Courts have held that the legal process and requirements for giving in adoption are applicable only to minors, and adult orphans, being sui juris, can look after themselves ["Dhanraj Jain VS Suraj Bai - Rajasthan"], ["Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144"]. The law recognizes that minors require guardianship and court sanction, whereas adults do not ["Dhanraj Jain VS Suraj Bai - Rajasthan"].
Role of Court and Child Welfare Authorities - Courts and Child Welfare Committees play a crucial role in declaring children free for adoption and ensuring the process adheres to legal requirements. They verify that the child is an orphan or abandoned, and that the prospective parents meet the criteria ["Afreen D/o M D Faqruddin VS Sub Registrar Office At Yelahanka, Bengaluru - Karnataka"], ["Arjun Neelakantan and Another v. NIL - Madras"], ["Holy Apostles Convent Vs nil - Madras"].
Special Adoption Cases and Customary Practices - Certain communities, such as Jains or those with customary laws, permit the adoption of orphans by adults or even adults themselves, based on traditional practices. Courts have acknowledged such customs, provided they are recognized and documented ["MS AFREEN v/s THE SUB REGISTRAR - Karnataka"], ["Bhajandas VS Nanuram - Rajasthan"], ["Lily Kutty VS State Of Madhya Pradesh - Madhya Pradesh"].
Analysis and Conclusion:Adopting an adult orphan is generally not permitted under the Juvenile Justice Act and related laws, which focus on minors requiring protection and guardianship. The legal framework mandates that only minors who are declared free for adoption can be adopted through authorized agencies, with clear procedures involving court approval and assessments of suitability. While community customs may permit the adoption of orphans by adults in specific contexts, such practices are exceptions rather than the norm. Therefore, to adopt an adult orphan, one must explore customary or community-specific practices rather than formal legal adoption pathways.
Adopting a child is a profound act of love and commitment, but what happens when the person in question is an adult orphan? Many compassionate individuals wonder, how to adopt an adult orphan in India, especially when there's no living family to provide support. While the desire to formalize such a relationship is understandable, Indian law presents significant hurdles. This blog post breaks down the legal landscape, drawing from key statutes like the Hindu Adoption and Maintenance Act, 1956 (HAMA), judicial interpretations, and related provisions to provide clarity. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Adoption in India is governed primarily by personal laws, with HAMA applying to Hindus, Sikhs, Jains, and Buddhists. The core principle revolves around the physical act of giving and taking, which transfers the child from the birth family to the adoptive family. As per HAMA, the child to be adopted must be actually given and taken in adoption by the parents or guardian with the intent to transfer the child from their family Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.
This ritual is primarily applicable to minorsDhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144, emphasizing protection and welfare of children who cannot consent independently. For adults, this framework doesn't align, as adults are legally capable of making their own decisions without such a transfer.
To ensure a valid adoption under HAMA, several conditions must be met:- Capacity to Give: Only natural parents or guardians can give a child in adoption. Section 9 specifies the father (or mother/guardian in his absence), explicitly excluding step-parents and relatives Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144. The law explicitly excludes step-mothers from this capacity, as the term mother in this context refers to the natural mother Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.- Act of Giving and Taking: This is mandatory and tied to minors, as per Sections 6, 9, and 11(g) Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.- Age Limit: The law limits adoption to minors; adoption of adults is not recognized under the current statutory provisions Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.
Judicial viewpoints reinforce this: Judgments have clarified that the essential act of giving and taking is applicable mainly to minors, and the law restricts the capacity to give in adoption to natural parents or guardians Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.
The language of HAMA and interpretations consistently indicate that adoption is designed for minors. The provisions such as Sections 6, 9, and 11(g) of the Act, along with judicial rulings, suggest that the concept of child in these sections is understood to include minors, and the physical act of giving and taking is a requisite only for minors Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144. For an adult orphan—who has no natural parents—there's no one with legal capacity to 'give' them in adoption, and the ceremonial act doesn't apply to consenting adults.
Exceptions and Limitations:- No explicit provision for adult adoption under HAMA.- The emphasis on transferring a minor from one family to another makes procedures inapplicable to adults Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144.- Even in orphan cases, focus remains on children; adult orphans fall outside this scope.
In some cases, customary law allows adoption of orphans. For instance, in the Khati community, adoption of an orphan was permissible and valid according to the custom based on witness testimonies and a deed of adoption MOTIRAM BHERA KHATI VS SUKMA BAI, BHAGIRATH KHATI - 1958 Supreme(MP) 222. The court noted, It is hardly possible to suppose that even one instance of an orphan being given in adoption would be possible if the community concerned did not according to the law of adoption, permit the adoption of an orphan MOTIRAM BHERA KHATI VS SUKMA BAI, BHAGIRATH KHATI - 1958 Supreme(MP) 222. However, this was for a minor orphan, and proving such customs for adults requires strong evidence of invariability and community consensus, which is rare and court-specific.
Customary adoptions must still align with statutory laws post-1956, and HAMA overrides many customs for Hindus. For non-Hindus, laws like the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) focus on children under 18, including orphans Matrachhaya Shishugrah VS Pushker Sriker Rao & Shreya Satyendra Kalbag - 2022 Supreme(MP) 396.
The JJ Act, 2015, and Adoption Regulations, 2017, streamline adoptions via CARA (Central Adoption Resource Authority), prioritizing in-country placements for orphans and abandoned children. Procedure for inter-country adoption of an orphan or abandoned or surrendered child allows NRIs/foreigners to adopt, but only children—if an orphan or abandoned or surrendered child could not be placed with an Indian or nonresident Indian prospective adoptive parent Matrachhaya Shishugrah VS Pushker Sriker Rao & Shreya Satyendra Kalbag - 2022 Supreme(MP) 396.
Courts emphasize child welfare: In one case, adoption was upheld despite procedural quibbles because relevant parameters to ensure welfare of child taken care of by all statutory agencies Matrachhaya Shishugrah VS Pushker Sriker Rao & Shreya Satyendra Kalbag - 2022 Supreme(MP) 396. Yet, these apply to minors; adults are excluded. Similarly, minor orphan, who has lost both his/her parents qualifies under certain policies, but not adults Mahanadi Coal Fields Ltd. VS Mathias Oram - 2022 Supreme(SC) 1115.
Inter-country rules reiterate: A non-resident Indian or overseas citizen of India... if interested to adopt an orphan or abandoned or surrendered child from India JS VS Central Adoption Resource Authority - 2021 Supreme(Del) 435. No mention of adults.
Since direct adoption isn't viable, consider these options:- Guardianship under Guardians and Wards Act, 1890: This allows appointing a guardian for adults (e.g., those with disabilities or incapacity), providing care without full adoption rights. Courts can grant guardianship for welfare.- Power of Attorney or Wills: Adults can execute documents granting decision-making powers or inheritance rights.- Live-in Arrangements or Family Declarations: Informal support with legal wills for property succession.
Recommendations include: prospective adopters should seek other legal avenues, such as guardianship under the Guardians and Wards Act, 1890, which may provide a legal mechanism for guardianship of adults Dhanraj VS Suraj Bai - 1975 0 Supreme(SC) 144. Always consult experts for court applications.
In orphanage contexts, welfare directives protect children, not adults: Court cannot ignore the welfare of the orphan children St. Theresas Tender Loving Care Home rep. by its Chief Co-ordinator, Hyderabad VS Chairperson, Board of Control and Supervision of Homes, Office of the Director, Women Development and Child Welfare, Government of A. P. , Hyderabad - 2009 Supreme(AP) 24.
If you're considering formalizing a relationship with an adult orphan, prioritize legal consultation to navigate these nuances. Laws evolve, so stay informed via official sources like CARA or court judgments.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Laws vary by religion, community, and case specifics.
#AdultAdoption #IndiaLaw #AdoptionGuide
The Court deemed that the child, under such circumstances, falls within the definition of an “orphan” under Section 2(42) of the JJ Act. 15. ... Section 2(42) defines an orphan as: “A child whose legal guardian is not willing or capable of taking care of the child.”10.4. ... If the mother is a minor, the Deed of Surrender must be signed by an accompanying adult witness. Such children can be reclaimed by the biological parent or guardian within 60 days of surrender. 11. ... It states that upon inquiry, if a child is found to be an #HL_STA....
Procedure relating to orphan or abandoned child. ... (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 ... (3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt#H....
(3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for ... Procedure for inter-country adoption of an orphan or abandoned or surrendered child. -- (1) If an orphan or abandoned or surrendered child could not be placed with an Indian or nonresident Indian prospective adoptive parent despite the jo....
... (2) Adoption shall be resorted to for the rehabilitation of the children who are orphan, abandoned or surrendered through such mechanism as may be prescribed. ... In this case, the petitioners 1 and 2 have produced supporting documents to show that they have the capacity to adopt the children, they have stated their financial status and also produced supporting documents. ... P17 is the joint declaration of willingness of both the petitioners to adopt the minor children Muthumari and Ashwini. Ex. P18 is a photograph of the petitioners....
In the view which we have taken the adoption of an adult orphan is not at all permissible as the necessary requirement of giving him by a competent person could not be complied with. ... The next argument of the learned counsel for the appellant is based on the challenge to the validity of secs. 6, 9 and 11(g) of the Act on the ground that the effect of these sections bring out discrimination between a minor orphan and an adult orphan in the matter of their eligibility for adoption. ... It may be notice....
It states that upon inquiry, if a child is found to be an orphan or abandoned, the Child Welfare Committee may declare the child legally free for adoption. 10.7. ... Section 2(42) defines an orphan as: “A child whose legal guardian is not willing or capable of taking care of the child.” 10.4. ... The Court deemed that the child, under such circumstances, falls within the definition of an “orphan” under Section 2(42) of the JJ Act. 15. ... If the mother is a minor, the Deed of Surrender must be signed by an accompanying adult#HL_....
(3) A single or divorced person can also adopt, subject to fulfillment 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. ... (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. ... 1) In case of orphan and abandoned child, the Committee shall make all efforts for tracing the parents or guar....
It is hardly possible to suppose that even one instance of an orphan being given in adoption would be possible if the community concerned did, not according to the law of adoption, permit the adoption of an orphan. ... He though that the inability of Munna to specify instances of an orphan being given in adoption detracted altogether from the value of his statement that in his community there was an old custom permitting the adoption of an orphan. ... Moreover, in thecase of Bhagirath there is clear evidence of Bhagirath....
Section 59(3) of the JJ Act provides:— “59(3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered ... A foreigner living abroad if interested to adopt an orphan or abandoned or surrendered child from India might apply to an authorized foreign adoption agency, or Central Authority or a concerned Government department in their country of ....
to treat adult patients for that disease.” ... Second, Jacobus never conducted any clinical trials in children; every single patient in its clinical trials was an adult. ... Exclusivity To incentivize the development of orphan drugs, upon designation and FDA approval of the orphan drug, the manufacturer of the orphan drug is granted market exclusivity for a defined period of time. ... Nevertheless, the FDA concluded that approving Ruzurgi did not violate Catalyst’s exclusivity because the approv....
(iv) Minor orphan, who has lost both his/her parents. For this purpose, the blind/the deaf/the orthopedically handicapped/mentally challenged person suffering from more than 40% permanent disability will only be considered as separate family.
xxx xxx (3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorised foreign adoption agency, or Central Authority or a concerned Government department in their country of habitual residence, as the case may be, in the manner as provided in the adoption regulations framed by the Authority. Procedure for inter-country adoption of an orphan or aba....
Jagadambal submitted an application to adopt the said female orphan child. However, in Ex.A.5, the District Collector has imposed condition that the child should be returned to its parents or relatives should they be found or appear and claim it. Ex.A.5 is the copy of the proceedings of District Collector in Roc.No.53882/86/C.6 dated 17. 1986, wherein the District Collector has permitted Jagadambal to adopt two year old female orphan child available in the Government Hospital, Salem, who is the 1st Claimant. In the year in or about 1986, Jagadambal has adopted a female orph....
Therefore, the welfare of the 26 children who have been already adopted by foreign parents cannot be ignored. Chapter IV of CARA Guidelines contains detailed procedure for inter-country adoption, which can be resorted to only when local persons are not available to adopt abandoned/orphan child. Chapter V (Section 5.5) contains procedure for in-country adoption. Indian Placement Agencies like TLH are required to give priority for in-country adoption.
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