“Adoption” means the
process through which the adopted child is permanently separated from his
biological parents and becomes the legitimate child of his adoptive parents
with all the rights, privileges and responsibilities that are attached with the
relationship. [s.2(aa) of the Juvenile Justice Act
as amended in 2006]
The very purpose of any adoption proceedings is to affect this new
status of relationship. As a result of the decree of adoption; the child, to
all intents and purposes, becomes the child of the adoptive parent.
Adoption is so widely recognized that it can be characterized as an
almost worldwide institution with historical roots traceable to antiquity.
A child can be adopted under Hindu
Adoption and Maintenance Act, 1956 and Juvenile
Justice (Care and Protection) of Children Act, 2000 (last amended in 2006).
Origin and Development
of Adoption
Adoption in Hindu
mythology - The object of adoption was to secure
performance of funeral rights and to preserve the continuation of one’s pedigree.
A ‘Dattak
Homam’ made the relationship lawful and gave complete rights of name
and inheritance to the son. Boys were given in adoption and a female could not
take a child in adoption excepting a widow who could adopt a boy in the name of
her late husband. Adoption was applicable to Hindus. Muslims, Jews and Parsis
were out of its purview, though the church accepted adoption as a part of its
canon law and gave the adopted child the full status of a biological child. On
21 December, 1956, this custom of adoption among the Hindus was given a legal
status through enactment of Hindu Adoption and Maintenance Act, 1956.
Adoption among Muslims - Today, some Muslims do adopt children in India but since there is
no law to make their adoption legal, the adoption remains informal.
Adoption and Christians - The canon law does not bar or prohibit Christians from adopting a
child. But since there is no law on adoption for Christians in India, they have
to resort to the Guardians and Wards Act, 1890.
Rising trends.-The concept and practice of adoption in India has changed considerably
from the past. Adoption in earlier times was parent - centered, the needs of
the parents being the chief consideration. But from the beginning of the 1960s alterations
have taken place at the social, legal and practice levels of adoption. Adoption
is considered the best substitute for children deprived of their biological
families.
Foster Care and
Adoption
Foster care provides temporary substitute care for children. It is
different from adoption where the child severs all ties with his own natural
parents. In foster care, the child is placed in another family for a short or
extended period of time depending on the circumstances. The child’s own parents
usually visit regularly and eventually after rehabilitation, the child may
return home. When the family is undergoing a temporary crisis like death of a
parent or sudden disease, children experience a lot of tension and stress. They
maybe needed to be detached from their natural homes to prevent neglect.
Children can be placed in foster care families.
Sponsorship and
Adoption
Sponsorship provides supplementary support to families who are
unable to meet educational and other needs of their children. Sponsorship helps
to send the child to school, provide medical aid and at the same time stay in
touch with the family of birth. It is an excellent way in which society can
help parents who are not in very favorable positions by extending their helping
hand.
Indian Adoption Laws
- Hindu Adoption and Maintenance Act, 1956 - Only statute in force specifically governing adoption in
children and its ambit is confined to Hindus in India (s.2 defines who are
considered Hindus for the application of the Act).
- The Juvenile Justice (Care and Protection of Children Act),
2000 – Juvenile Justice Act, 2000 contains
provisions relating to rehabilitation and social integration of children. s.40
of the Act provides that rehabilitation and social integration of a child
shall begin during the stay of the child in a children’s home or special
home by:
a.
Adoption;
b.
Foster care;
c.
Sponsorship and
d.
Sending the child to an
after-care organization.
- The Guardians and Wards Act, 1890.
- The Act is indirectly invoked by other communities also to become
guardians of children during minority. The statute does not deal with
adoption as such. It concerns mainly with guardianship and is to be read along with respective personal
laws, or as ancillary to the latter. However, it must be noted that the
process is not equivalent to adoption; it would only give the child the
status of a ward.
- The Hindu Minority and
Guardianship Act, 1956. - The Act reforms and
codifies the law relating to guardianship of minors. This Act also applies
only to Hindus.
- The Hindu Succession Act, 1955 and The Indian Succession Act, 1925. – They
govern succession and inheritance rights.
No comments:
Post a Comment