This article has been written by- Gaurangi a B.A.LL.B 3rd year student of Lloyd Law College

Preface:

A thorough legal framework protecting the rights of birth parents and guaranteeing the welfare of children governs adoption in India. Navigating the adoption process requires an understanding of birth parents’ legal rights. The foundation of adoption laws in the nation is formed by the Hindu Adoption and Maintenance Act of 1956, the Juvenile Justice (Care and Protection of Children) Act of 2015, and guidelines issued by the Central Adoption Resource Authority (CARA).

India’s Legal Framework for Adoption:

The Hindu Adoption and Maintenance Act of 1956 and the Juvenile Justice Act of 2015 serve as the primary frameworks for India’s adoption laws. These laws set the stage for adoption procedures by outlining birth parents’ rights, the adoption procedure, and the requirements for prospective adoptive parents. In addition, CARA—which was founded under the Ministry of Women and Child Development—is essential to controlling adoption-related activities and guaranteeing the welfare of the kids.

2. Consent of Birth Parents: 

The Juvenile Justice Act’s Section 56 deals with the important matter of getting birth parents’ consent. This section highlights that before a child can be placed for adoption, the parent or legal guardian must give their free and informed consent. In order to protect the rights of the birth parents, consent is a crucial step in the adoption process that needs to be obtained in line with the established legal procedures.

3. Relinquishment and Surrender:

 The Juvenile Justice Act’s Sections 58 and 59 outline the processes for giving up and surrendering a child for adoption. Despite the frequent confusion between these terms, there are differences in the legal system. While relinquishment may involve a more casual arrangement, surrender usually entails a more formal process, frequently through an authorized agency. Nonetheless, there are legal requirements for both procedures that birth parents must follow, which emphasizes how crucial it is to comprehend the effects of each decision.

The difference between relinquishment and surrender can affect the birth parents’ potential level of involvement in the adopted child’s life as well as their future legal status. In order to make decisions that are in line with their preferences and circumstances, birth parents should be well-informed about these procedures and seek legal counsel. 

4. Consent Revocation:

The Juvenile Justice Act’s Section 64 deals with birth parents’ ability to revoke their consent. Although consent is an essential part of the adoption process, there are situations in which a parent may want to revoke their consent. The statute, however, places restrictions on the circumstances and timeframes in which consent may be withdrawn.

It is essential for biological parents to comprehend the precise terms and deadlines for withdrawing consent. Consent must be carefully considered before granting it, as it becomes irreversible after the designated period has passed. While upholding the rights of the biological parents, this legal provision seeks to give stability to the adopted child and their parents. 

In order to completely understand the ramifications of their choices and the legal ramifications of withdrawing consent, birth parents who are thinking about adopting a child should be aware of this clause and seek legal counsel.

5. The Child’s Best Interest:

The best interest of the child is the most important factor when it comes to adoption. The Juvenile Justice Act’s Sections 2(12) and 2(14) define what is in a child’s best interest and identify children who require care and protection. The general rule that the child’s welfare comes first in all adoption procedures is emphasized by these clauses.

A thorough evaluation of the child’s physical, emotional, and psychological health is necessary to determine what is in their best interests. When deciding where to place and adopt a child, the court and adoption authorities take into account the child’s age, health, and any special needs.

Birth parents must engage in the adoption process with a child-centric perspective, as this emphasis on the child’s best interests highlights. It is recommended that birth parents furnish precise and all-encompassing details to assist adoption authorities in making decisions that put the child’s welfare first.

6. Declaration of Child as Legally Free for Adoption:

The procedure for designating a child as legally free for adoption is outlined in Section 38 of the Juvenile Justice Act. A child must be deemed legally available for adoption by the appropriate authorities before they can be adopted. This declaration entails a detailed investigation into the child’s past, including attempts to locate and get in touch with the child’s biological parents.

The inability to locate the child’s biological parents, the child’s surrender or relinquishment, or the formal termination of parental rights are some of the requirements for deeming a child legally available for adoption. This step is essential to guaranteeing that the child is placed in a stable and safe environment and that the adoption procedure is carried out in compliance with the law. This declaration is made possible in large part by adoption agencies and legal authorities, and birth parents should understand the importance of this step in the adoption process.

7. 
   Open Adoption (not stated specifically):

Although open adoption is not specifically recognized by the Juvenile Justice Act, the emphasis on the child’s best interests recognizes the value of preserving ties to the child’s biological family. The Act does not specifically address open adoption, which is defined as a situation in which birth and adoptive families continue to communicate on some level after adoption.

In actuality, open adoption agreements may be taken into account on a case-by-case basis, with the child’s welfare coming first. Though the Act mainly stresses the stability and welfare of the child in their new family, such arrangements are not legally binding.

If the birth parents want to stay in touch with the child, they should be upfront with adoption agencies and potential adoptive parents. For birth parents navigating the intricacies of the adoption process, it is imperative that they comprehend the legal limitations and possible ramifications of open adoption.

8. Difficulties and Fears:

In spite of the established legal structure, birth parents might experience difficulties and worries during the adoption procedure. These difficulties might include anything from psychological and emotional aspects to real-world problems with information sharing and legal processes.

Fear of social shame, the emotional toll of giving up parental rights, and doubts about the child’s future are a few possible concerns. Furthermore, birth parents might encounter difficulties in guaranteeing that their rights are upheld and that the adoption procedure is carried out in an open and morally responsible manner.

It is imperative that the adoption community at large as well as birth parents themselves acknowledge and address these issues. Support groups, adoption agencies, and attorneys all play a critical part in helping birth parents navigate the psychological and legal ramifications of adoption.

It is advised that birth parents look for emotional and legal support in order to effectively navigate these difficulties and make decisions that are in the best interests of both the child and themselves.

9. The Function of CARA and Adoption Agencies:

CARA-registered adoption agencies are essential to the adoption process in India. These organizations serve as go-betweens for adoptive parents, birth parents, and law enforcement. As the primary regulatory authority, CARA establishes standards and guidelines for adoption processes to guarantee legal compliance.

Adoption agencies offer guidance and support, help birth parents navigate the required formalities, and help them understand the legal procedures. They are also essential in determining the suitability of potential adoptive parents through assessments, home studies, and background checks. The oversight provided by CARA guarantees that adoption agencies follow moral guidelines and protect the rights and welfare of birth parents and children. To make sure that their rights are upheld during the adoption process, birth parents should communicate with CARA and licensed adoption agencies.

Reference

1. Hindu Adoption and Maintenance Act, 1956:
2. Juvenile Justice (Care and Protection of Children) Act, 2015:
3. Central Adoption Resource Authority (CARA) Guidelines: