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While surrendering a child (for adoption), child's biological parents requested that the child be allowed to follow their religion. How should CWC deal with such a request?

This request sounds silly because biological parents do not want the child, but they want the religion.  Child Welfare Committee (CWC) is duty bound to follow the JJ Act and its interpretation.  So, let’s take a look at the two different sections in the JJ Act to see how such a request can be handled. 

First is the definition of adoption which is found at sub-section (2) of section 2 of the JJ Act which states the following: means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.

In the above given definition, it clearly states about the relationship where the child is permanently separated from his/ her biological parents and becomes the lawful child of the adoptive parents.  Secondly, it talks about the role such a relationship plays.  The adoptive parents assume all the rights, privileges and responsibilities that are attached the biological child.  That means when the adoption order is issued, it is equal to a child being born to them. 

Second reference is found in section 63 of JJ Act which states the following: A child in respect of whom an adoption order is issued by the court, 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 or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:

This above section also states the same as the definition but bit more clarity to say that such a relationship comes into effect from the date of issuance of adoption order. 

Culturally, India is a religious country and most have religious beliefs.  A family nurtures their own children in the beliefs and customs that they know of.  If the law states that the adoptive child is equal to a biological child, they are allowed to bring up the adoptive child in their family’s culture and customs.  Otherwise, it will create a lot of chaos and confusion in the family.  Entertaining such a request works in the worst interests of child.

CWC, assertively should reject such a request in the best interest of the child’s (Sub-Section (9) of Section 2 of JJ Act) future. 

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