The Legal Path of Adoption under the JJ Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 gives us a structured and legally sound process for adoption in India, ensuring the welfare of children in need of care and protection.

The entire process initially begins by declaring a child as legally free for adoption under Section 38, which includes orphaned, abandoned, or surrendered (OAS) children, and the declaration is made by the Child Welfare Committee (CWC) after due inquiry and only after this declaration, can the child be considered for adoption.

The next step involves registration of prospective adoptive parents (PAPs) through the Central Adoption Resource Authority (CARA), which manages the adoption process at the national level. Now, PAPs must register on the CARINGS portal and undergo a Home Study Report (HSR) conducted by a Specialized Adoption Agency (SAA) to assess their suitability and preparedness for adoption.

Once the PAPs are considered eligible, matching of the child with the parents takes place, as per Section 56 of the Act, based on factors like the age of the child, gender, health, and the parents’ preferences. If PAPs accept the referral, they are allowed to take the child in pre-adoption foster care, regulated under Regulation 13 of the Adoption Regulations, 2022, after signing an undertaking to care for the child.

Subsequently, the PAPs must apply for legal adoption before the District Magistrate (DM), as per Section 58. Now, after verifying all documentation and the welfare of the child, the DM issues the final adoption order, legally making the child a part of the adoptive family.

After the adoption, the SAA conducts follow-up visits for two years to ensure the child’s well-being, as per Regulation 17. For inter-country adoptions, the procedure is governed by Sections 59 and 63, ensuring compliance with the Hague Convention. Indian PAPs are always given preference before matching a child with foreign adoptive parents.

Therefore, the JJ Act provides a transparent and legally well-structured framework to ensure every child gets a loving and secure home.