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. 

Here is a story of a little boy - Jonathan, who went missing years ago and was adopted by a Swedish family. Jonathan's desire to be reunited with his biological parents brought him back to India. Last month when I went to the media to help us restore a child, first phone call I received was from a retired assistant commissioner of police (Mr. Lavakumar) in Bangalore and he gave me some clues that ended up being the accurate ones and we restored the child. This story of Jonathan is shared by the same police commissioner who was working then as a police officer and restored Jonathan back to his family. Please click on the 'Full Screen' icon on the top of the view box or zoom buttons at the bottom of the view box to adjust your reading for clear view. Jonathan's Story

I live in India and a child had been placed in my custody under the Guardians and Wards Act (GAWA) several years ago. Now since the secular adoption is included in the Juvenile and Justice Act (JJ Act), Can I adopt a child now under this act? Before I say anything, let me clarify the terminology: Guardianship : Is a process where an individual is recognized as a legal guardian by the relevant court for the welfare of a minor. In this scenario it is the court that will have the eventual authority on the child and the guardian. Adoption : Mena a process through which the adopted child permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship. Until the JJ Act came into effect in the year 2000 and amended in 2006, adoptions in India were done under the act called “Hindu Adoption and Maintainance Act” or (HAMA) which only allowed the Hindus, Jains, B...

With the legislative and financial support rendered to promote non-institutional care of children under the Juvenile and Justice Act (JJ Act), 2006, with adoption being given the priority only after the biological parents, adoption scene is about to change significantly in India in the years ahead. Enormous checks and balances are being built at different levels in to the adoption process with the cooperation of civil society. Under the JJ Act, ‘Child Welfare Committees’ and courts, under the Integrated Child Protection Scheme there are going to be State Adoption Resource Authority or ‘SARA’ (similar to CARA at the state level) and adoption coordination agency or ‘ACA’ which is accountable to SARA and then at the district (similar to country in the US) level there are going to be people monitoring non-institutional care of children and reporting to SARA which in turn report to the central level. If and when the state signs the memorandum of understanding (MOU) with the central governm...

I just returned home after spending one month in training at National Institute of Public Cooperation and Child Development (NIPCCD) in New Delhi on a subject titled “Certificate course on Child Rights and Child Protection” where we have studied child rights and child protection extensively. 1. Legal basis: There has not been a law as comprehensive as Juvenile & Justice Act (JJ Act) for the protection of children of India to date which gives adoption an important role as never before. Adoption is no longer an act of mercy but a mandated rehabilitative under the law (JJ Act) that a child must have a home as a first priority. Explanation of sub section (3) of Section 39 of the JJ Act states the following: For the purposes of this section “restoration of and protection of a child” means restoration to – (a) Parents; (b) Adopted parents; (c) Foster parents; (d) Guardian; (e) Fit person; (f) Fit institution . One can see the importance that the law places for a child to have a home th...

This entire training (Certificate course on Child Rights and Protection) time I have been searching and finding information about the laws on adoption in India. I am glad that I chose to attend this training and I have much better idea now than before. To begin with, all the adoption laws that one has to follow in India for now are in Juvenile and Justice Act, 2006 (JJA) created by the Parliament of India. We still have GAWA (Guardianship and Wards Act) and HAMA (Hindu Adoption and Maintenance Act) in the books and they are still used when necessary (in times of inter-country adoptions) and if one chooses to do under those laws. JJA is very clear and precise as to how the adoption ought to be done in terms of a child that is been relinquished or abandoned. Before I say anything, I want you to understand one term called “Child Welfare Committee” or CWC. CWC is a statutory body created in JJA with the powers of bench of magistrates with powers of a metropolitan magistrate or a judici...