LEGAL FRAMEWORK OF CHILD ADOPTION IN INDIA

Unnatiben Janakkumar Acharya

Abstract


This research focuses on a comprehensive examination of Indian adoption law and how adoption laws from other countries have little impact on Indian adoption law. Although adoption has been practised for decades, it was only made legal in the nineteenth century. Although there are many different religions in India, no single adoption legislation applies to them all. The Hindu Adoption and Maintenance Act of 1956 is the sole personal legislation in India that regulates adoption. Because Indian religions such as Muslims, Christians, Jews, and Parsis do not have their own adoption laws, they are unable to adopt a child and give him or her their surname. They can only become the child's guardian under the Guardians and Wards Act of 1890. Hindus, Sikhs, Buddhists, and Jains all obey the Hindu Adoption and Maintenance Act of 1956. The Indian government attempted but failed to establish a national adoption law. The adoption laws in India are discussed in this article, as well as the necessity for a common civil code in the field of adoption.


Keywords


Adoption, Legal, Child, Guardian

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References


Bachman, Gretchen, Samir Bhatt, (2021). “Global minimum estimates of children affected by COVID-19-associated orphanhood and deaths of caregivers: a modelling study.” The Lancet 398(10298): 391-402.

Bagchi, Shrabonti. (2019). “The returned.” LiveMint, 28 September 2019.

Bajpai, Asha. (2017). Child Rights in India: Law, Policy, and Practice. New Delhi, India: Oxford University Press.

Bhandare, Namita. (2018). “India’s Children in Crisis With Epidemic of Abuse in Institutions”. The Quint, 29 September 2018.

Chandra, Jagriti. (2018). “Indians averse to adopting children with special needs”. The Hindu, 8 April 2018.

Kalra, Shreya. (2018). “The Reasons for Low Levels of Adoption in India Are Manifold”. The Wire, 29 October 2018.

Khan, Fatima. (2019). “Why Indian parents have returned 278 of 6,650 adopted children in 2017-19”. The Print, 12 November 2019.

Kumar, Avinash. (2013). Us: Understanding and Enabling Adoption. Kolkata, India: Power Publishers.

Mandhani, Apoorva. (2021). “Gay marriage not a fundamental right, wedding a bond between man, woman — Centre to Delhi HC”. The Print, 25 February 2021.

Mehta, Tarini. (2021). “Where are India’s queer parents? Having a family is not even an option for many Indians”. The Print, 21 February 2021.

Ministry of Women and Child Development. (2020). “Lok Sabha Unstarred Question No. 2721.”

Muringatheri, Mini. (2020). “Transgenders raise the adoption question”. The Hindu, 5 January 2020.

Pandit, Ambika. (2020a). “Meet looks at ways to boost chances of over 1,400 children with special needs waiting to be adopted”. The Times of India, 14 January 2020.

Pandit, Ambika. (2020b). “Why the wait to adopt a child could get longer”. The Times of India, 12 March 2020.

Press Trust of India. (2018). “Baby-selling racket in Ranchi: Missionaries of Charity says action being taken to ascertain truth”. Firstpost, 12 July 2018.

Rao, Sunitha. (2019). “4% of adopted kids sent back”. The Times of India, 27

Sodha, Vijaysingh. (2018). “Adoption Rights and Islamic Jurisprudence.” International Journal of Research and Analytical Reviews 5(4): 2-3.

Srivastava, Roli. (2016). “Rise in baby trafficking in India cuts adoption numbers and fuels trade”. Reuters, 28 December 2016.

The Wire Staff. (2021). “More Than 3,500 Children Orphaned, Over 26,000 Lost a Parent Since April 2020: NCPCR”. The Wire, 8 June 2021.

Yeh, Ray, Desmond Ng, and Sumithra Prasanna. (2020). “Lies, greed and heartbreak: How orphans are ‘made’ for the adoption industry”. Channel News Asia,


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