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Can we adopt a child from his biological parents what is the procedure


26-Apr-2023 (In Child Custody Law)
I would like to Know, is adopting from a known person is legal in india. We would like to adopt a child, and came to know that one of our family friend are ready to give their baby to us for adoption. the baby is new born baby. So is it legal to adopt directly from biological parents, If yes what is the procedure to do the same. Can an unborn baby be adopted? Thanks
Answers (1)

Answer #1
256 votes
In India, Hindus, Jains, Sikhs or Buddhist are allowed to formally adopt a child. This adoption comes under Hindu Adoption and Maintenance Act, 1956. There are other laws such as Guardianship and Wards Act, 1890, Juvenile Justice Act, 2000 etc. to provide the provisions of adoption not only for Hindus but also for all non – Hindus such as Christians, Muslim, Parsis and Jews.  Under the Guardianship and Wards Act, while the adoptive parents are conferred guardianship status, the adopted child does not automatically get inheritance right. The guardians need to submit an investment plan and also a certain amount of money in the name of the child for his/her future. According to the Juvenile Justice Act, the Act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put for adoption.
Here are some facts about domestic adoption procedure in India:

•    Prospective parents must register at a licensed adoption placement agency with the entire required document.
•    Then the worker from the agency will approach the parents for a home study.
•    After finding out a suitable child, the agency will call the prospective parents to meet the child.
•    If the parents approve, the agency may hand over the child once a foster care agreement is signed.
•    Meanwhile, the agency’s lawyer files a petition for adoption on behalf of the couple, either before the court or Juvenile Justice Board, depending on the law under which the adoption will take place.

The agency representative and the parents register the adoption deed as a proof of completion of adoption.
Section 11(vi) of the Hindu Adoption and Maintenance Act lays down, “The child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intend to transfer the child from the family of its birth or, in the case of an abandoned child or child whose parentage is not known, from the place of family where it has been brought up to the family for its adoption”

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