57. Eligibility of prospective adoptive parents: The prospective adoptive pare — THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

section 80. 57. Eligibility of prospective adoptive parents: 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: (2) In case of a couple, the consent of both the spouses for the adoption shall be required: (3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. single male is not eligible to adopt a girl child: (5) Any other criteria that may be specified in the adoption regulations framed by the Authority. 58. Procedure for adoption by Indian prospective adoptive parents living in India. (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 Specialised Adoption Agency, in the manner as provided in the adoption regulations framed by the Authority. (2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority: (3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application [before the District Magisrate] for obtaining the adoption order; in the manner aS provided in the adoption regulations framed by the Authority. On the receipt of a certified copy of the ?[order passed by the District Magistrate], the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents. The progress and wellbeing of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by the Authority. 59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child If an orphan or abandoned O surrendered child could not be placed with an Indian O non-resident Indian prospective adoptive parent despite the joint effort of the Specialised Adoption Agency and State Agency within sixty days from the date the child has been declared legally free for adoption, such child shall be free for inter-country adoption: 1. Subs. by Act 23 of 2021, s. 17, for ~Court" (w.e.f: 1-9-2022). 2. Subs. by s. 18, ibid , for "in the court" (w.e.f: 1-9-2022)_ 3 Subs by s. 18,ibid, for "court order" (w.e.f: 1-9-2022). 32 Provided that children with physical and mental disability, siblings and children above five years of age may be given preference over other children for such inter-country adoption, in accordance with the adoption regulations, as may be framed by the Authority. 2 An eligible non-resident Indian Or overseas citizen of India O persons of Indian origin shall be given priority in inter-country adoption of Indian children. (3) A non-resident Indian Or overseas citizen of India, O person of Indian origin O 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 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. The authorised foreign adoption agency, or Central Authority, Or concerned Government department; as the case may be, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to Authority for adoption of a child from India, in the manner as provided in the adoption regulations framed by the Authority: On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the Specialised Adoption Agencies, where children legally free for adoption are available. The Specialised Adoption Agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the said agency: On receipt of the acceptance of the child from the prospective adoptive parents, the Specialised Adoption Agency shall file an application ![before the District Magistrate] for obtaining the adoption order; in the manner as provided in the adoption regulations framed by the Authority. 8) On the receipt of a certified copy of the ?[order passed by the District Magistrate] , the specialised adoption agency shall send immediately the same to Authority, State Agency and to the prospective adoptive parents, and obtain a passport for the child. The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child. (10) The prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the child. (11) The authorised foreign adoption agency, or Central Authority, Or the concerned Government department; as the case may be, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption, in consultation with Authority and concerned Indian diplomatic mission; in the manner aS provided in the adoption regulations framed by the Authority. (12) A foreigner or person of Indian origin or an overseas citizen of India; who has habitual residence in India, if interested to adopt a child from India, may apply to Authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption regulations framed by the Authority. 1. Subs. by Act 23 of 2021, s. 19, for *in the court" (w.e.f: 1-9-2022). 2. Subs by s. 19, ibid. for *court order" (w.ef: 1-9-2022). 33 60. Procedure for inter-country relative adoption: -(1) A relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the '[District Magistrate] and apply for no objection certificate from Authority, in the manner as provided in the adoption regulations framed by the Authority: (2F The Authority shall o receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child. (3) The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time_ 61. 2[Procedure for disposal of adoption proceedings] (1) Before issuing an adoption order, the 3[District Magistrate] shall satisfy itself that the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency Or the parent Or guardian of the child in case of relative adoption has received Or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by the Authority towards the adoption fees Or service charge Or child care corpus (2) The adoption proceedings shall be held in camera and the case shall be disposed of by the [District Magistrate] within a period of two months from the date of filing: 62. Additional procedural requirements and documentation:-(1) The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child by Indian prospective adoptive parents living in India, or by non-resident Indian or overseas citizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the Authority. (2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track the progress of the adoption case and intervene wherever necessary, So aS to ensure that the time line is adhered to_ 63. Effect of adoption:~A child in respect of whom an adoption order is issued by the S[District Magistrate], shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his O her birth shall stand severed and replaced by those created by the adoption order in the adoptive family: Provided that any property which has vested in the adopted child immediately before the date o which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological family. 64. Reporting of adoption. - Notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the 6[District Magistrate], shall be forwarded to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption. 1. Subs by Act 23 of 2021, s. 20,for "court" (W.e.f: 1-9-2022). 2. Subs. by $. 21,ibid,, for the marginal heading (W.e.f: 1-9-2022). 3. Subs: by s. 21, ibid. for *court" wef: 1-9-2022). 4. Subs. by $. 21,ibid_, for "court" (W.e.f: 1-9-2022). 5. Subs. by s. 22, ibid , for *court" (w.e.f: 1-9-2022). 6. Subs by s. 23 ibid. for *concerned courts (w.e.f: 1-9-2022)- 34 65. Specialised Adoption Agencies.-( 1) The State Government shall recognise one or more institutions O organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in the adoption regulations framed by the Authority, for the rehabilitation of orphan, abandoned Or surrendered children, through adoption and non-institutional care (2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate o letter of recognition O renewal to Authority, as soon as the recognition Or renewal is granted to such agencies. (3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required. In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act Or in the adoption regulations framed by the Authority, for getting an orphan Or abandoned Or surrendered child legally free for adoption from the Committee O in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the [District Magistrate] within the stipulated time, such Specialised Adoption Agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the Specialised Adoption Agency shall be withdrawn by the State Government. 66. Adoption of children residing in institutions not registered as adoption agencies. (1) All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the Committee as per the provisions of

Section Section 80