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THE LEGAL BRIDGE

Juvenile Justice Act 2015

Adoption under the Juvenile Justice Act

Chapter VIII Decoded · Eligibility · Procedure · CARA · Inter-Country · Shabnam Hashmi · 2021 DM Amendment · Open vs Closed Adoption · Case Law · Exam Strategy

Comprehensive Study Notes · Judiciary Exam Preparation

For RJS · DJS · HJS · UPJS · MPCJ · PCS-J · BCI · Law School

URL: thelegalbridge.in/adoption-juvenile-justice-act-2015/

1. Introduction — The Pan-Religious Adoption Code

The Juvenile Justice (Care and Protection of Children) Act, 2015 is India's de facto uniform adoption code. Before 2015, adoption in India was governed by the personal law of the adoptive parent — Hindus, Buddhists, Jains and Sikhs could adopt under the Hindu Adoptions and Maintenance Act, 1956; Muslims, Christians, Parsis and Jews could only take a child into guardianship under the Guardians and Wards Act, 1890 (with no legal adoption). The JJ Act 2015 consolidated a secular, pan-religious framework — Chapter VIII, Sections 56 to 73 — that allows anyone, regardless of religion, to adopt subject to eligibility criteria and the best-interest-of-the-child standard.

This consolidated study note covers eight topics from the TLB content plan — the complete Chapter VIII adoption framework (Topic 44), the Central Adoption Resource Authority (Topic 45), eligibility of prospective adoptive parents under Section 57 (Topic 46), eligibility of children for adoption under Section 56 (Topic 47), inter-country adoption under Sections 58 to 62 (Topic 48), the landmark Shabnam Hashmi v. UOI (Topic 49), the 2021 Amendment Act's transfer of judicial adoption orders from civil courts to the District Magistrate (Topic 50), and the concept of open versus closed adoption (Topic 51).

2. The Adoption Framework — Section 56

2.1 Statutory text — Section 56(1)

Two critical features of Section 56(1):

1. Adoption is 'resorted to' — it is not the first option for every CNCP. Only where restoration, foster care, and other family-based options fail does adoption come in.
2. Only three categories of children are eligible — orphan (Section 2(42)), abandoned (Section 2(1)), and surrendered (Section 2(60)). These are the only gateways into the adoption pipeline.

2.2 Who can adopt — Section 56(2) and 56(3)

Section 56(2) — adoption of a child from a relative by another relative, irrespective of their religion, can be made in accordance with the provisions of this Act. This opens up relative adoption under the JJ Act — paternal/maternal aunt, uncle, grandparent (Section 2(52)).

Section 56(3) — nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoptions and Maintenance Act, 1956. The two codes co-exist — Hindu families can still adopt under HAMA 1956, or they can choose the JJ Act route. Non-Hindus can only use the JJ Act route.

2.3 Inter-country adoption mandate — Section 56(4)

2.4 Penalty for unauthorised inter-country transfer — Section 56(5)

Any person who takes or sends a child to a foreign country or participates in transferring care and custody to another person in a foreign country without a valid court order is punishable under Section 80. This provision criminalises unauthorised inter-country placement — a guard against trafficking and unregulated adoption.

3. Eligibility of Children for Adoption

3.1 Three categories, one gateway

Section 56 names three categories of children eligible for adoption — orphan, abandoned, and surrendered. But eligibility is not automatic. Each child must first be formally declared 'legally free for adoption' by the CWC under Section 38.

3.2 Orphan — Section 2(42)

3.3 Abandoned child — Section 2(1)

CWC inquiry typically includes police verification, newspaper publication, waiting period of 2-4 months for family tracing, and formal declaration.

3.4 Surrendered child — Section 2(60)

Section 35 provides for a sixty-day reconsideration period. Only after sixty days without reconsideration does the surrender become final.

3.5 Section 38 timelines

4. Eligibility of Prospective Adoptive Parents — Section 57

4.1 Section 57(1) — basic fitness criteria

4.2 Section 57(2) — consent of both spouses

Where a couple seeks to adopt, both spouses must consent. Unilateral adoption by one spouse over the objection of the other is not permitted.

4.3 Section 57(3) — single or divorced persons

A single person — whether never-married, divorced, or widowed — may adopt, subject to criteria and adoption regulations. This was reaffirmed in Stephanie Joan Becker v. State (2013) 12 SCC 786.

4.4 Section 57(4) — single male cannot adopt girl child

A protective provision — a single male is not eligible to adopt a girl child. This gender-based restriction is designed to safeguard the girl child from potential abuse in a single-male household.

4.5 Section 57(5) — additional CARA criteria

The Adoption Regulations 2022 prescribe:

• Combined age of PAPs — up to 85 years for child up to 2 years; up to 110 years for 8+ years
• Minimum 25 years age difference between PAP and child (for non-relative adoptions)
• Minimum two years stable marital relationship for couples
• Couples with three or more children not eligible except for special-needs, hard-to-place, relative or step-parent adoptions
• No pending divorce proceedings
• Sound physical, mental, and emotional health

4.6 Registration and home study

1. PAP registers online on CARINGS portal
2. Uploads documents — age, income, marriage, health, background check
3. Selects an SAA for the home study
4. Home study report under Regulation 9(13) of Adoption Regulations 2022
5. Home study report valid for three years nationwide

5. Adoption Procedure

5.1 In-country adoption by resident Indian PAPs — Section 58

1. Registration on CARINGS
2. SAA home study of PAP
3. On approval, PAP placed on waiting list by seniority
4. Three children referred to PAP in preference category
5. 48 hours for PAP to reserve a child
6. Pre-adoption foster care placement
7. DM adoption order under Section 61
8. Post-adoption follow-up by SAA every six months for two years

5.2 Adoption by Indian PAPs abroad — Section 59

NRIs and OCIs living abroad may adopt Indian children through their country's Authorised Foreign Adoption Agency (AFAA) or the Central Authority under the Hague Convention.

5.3 Inter-country adoption — Section 60

Foreign PAPs (non-NRI, non-OCI) may adopt only if the child cannot be placed with an Indian family domestically. Section 60 establishes priority for Indian PAPs — a child must be available on CARINGS for at least 60 days for domestic matching.

5.4 No Objection Certificate — Section 62

Every inter-country adoption requires a NOC from CARA, issued only after:

• Child legally declared free under Section 38
• Domestic matching failed after 60 days
• Foreign PAP's AFAA home study approved
• Foreign PAP's country's Central Authority (Hague) approves
• PAP undertakes post-adoption monitoring

6. Effect of Adoption — Section 63

6.1 Five key legal consequences

1. Complete legitimation for ALL purposes
2. Succession rights — adopted child inherits from adoptive parents; biological succession severed
3. All biological ties legally severed
4. Irrevocable — cannot be cancelled except by legal process
5. Rights and obligations mirror biological parenthood

7. Central Adoption Resource Authority — CARA

7.1 Statutory status — Section 68

Before 2015, CARA was an autonomous body under the Ministry of Women and Child Development with no statutory backing. Section 68 of the 2015 Act gave CARA statutory status — making its orders enforceable and its regulations legally binding.

7.2 Functions of CARA

• Promote in-country adoption and facilitate inter-country adoption
• Regulate inter-country adoption
• Frame adoption regulations (Adoption Regulations 2022)
• Maintain CARINGS — the central data system for adoption
• License Authorised Foreign Adoption Agencies (AFAAs)
• Issue No Objection Certificates for inter-country adoption
• Coordinate with State Adoption Resource Agencies (SARAs)
• Ensure priority for Indian PAPs
• Monitor SAAs
• Post-adoption follow-up supervision
• Capacity building of SAAs and SARAs

7.3 Steering Committee — Section 69

CARA is headed by a Steering Committee chaired by the Secretary, Ministry of Women and Child Development, with representatives from MEA, CBI, CWCs, SCPCR, NCPCR, academic institutions, and NGOs.

7.4 State Adoption Resource Agency — Section 67

Every State Government shall set up a SARA to deal with adoption and related matters. SARAs coordinate SAAs, verify PAP documents, report to CARA, and provide training.

7.5 Specialised Adoption Agency — Section 65

An SAA is an institution recognised by the State Government for housing orphan, abandoned, and surrendered children awaiting adoption. Functions — receive children declared legally free, prepare Child Study Reports, upload profiles to CARINGS, prepare home study reports for PAPs, facilitate pre-adoption foster care, file adoption applications, conduct post-adoption follow-up.

7.6 Annual adoption statistics

• In-country adoption: approximately 3,000 to 3,500 per year
• Inter-country adoption: approximately 400 to 450 per year
• Total approximately 3,500 to 4,000 adoptions per year

8. Inter-Country Adoption

8.1 Framework — Section 60

1. Priority for Indian adoptive parents — 60-day domestic matching rule
2. Hague Convention compliance
3. AFAA licensing by CARA
4. Post-adoption follow-up — mandatory six-monthly reports for two years

8.2 Hague Convention

India ratified the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993) in June 2003. Key principles:

• Best interest of the child paramount
• Subsidiarity — inter-country adoption only when no suitable domestic placement
• Central Authority in each country — CARA in India
• Accredited bodies — AFAAs, SAAs
• Automatic recognition between contracting states
• Prevention of trafficking and child abduction

8.3 Procedure

1. Foreign PAP registers with AFAA in country of residence
2. AFAA prepares home study report
3. Foreign PAP registers on CARINGS with AFAA sponsorship
4. CARA-approved SAA refers child profiles after 60-day waiting period
5. PAP reserves a child within 48 hours
6. CARA issues NOC — Section 62
7. DM issues adoption order
8. Foreign PAP obtains travel documents
9. AFAA follows up with six-monthly reports for two years

8.4 Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244

Justice P.N. Bhagwati laid down the foundational guidelines for inter-country adoption that shaped Sections 58-62:

• Welfare of the child is paramount
• Indian adoptive parents should have priority
• Foreign adoptive parents must be thoroughly scrutinised
• Foreign agencies must be properly accredited
• Post-adoption monitoring essential to prevent trafficking
• Court approval of adoption mandatory

9. Shabnam Hashmi v. Union of India (2014) 4 SCC 1 — Case Brief

9.1 Citation and bench

• Case name — Shabnam Hashmi v. Union of India and Others
• Citation — (2014) 4 SCC 1 / AIR 2014 SC 1281
• Case number — Writ Petition (Civil) No. 470 of 2005
• Bench — Chief Justice P. Sathasivam, Justice Ranjan Gogoi, Justice Shiva Kirti Singh
• Judgment date — 19 February 2014
• Authored by — Justice Ranjan Gogoi

9.2 Facts

Shabnam Hashmi, a Muslim social activist from Delhi, sought to adopt a child under the Juvenile Justice Act 2000. She applied through an adoption agency. The agency declined, citing that Muslim personal law (which does not recognise adoption as a legal relationship) did not permit her to adopt. Under Muslim personal law, an adult could take a child into kafalah (sponsorship-like arrangement) but not into legal adoption with inheritance rights.

Shabnam Hashmi filed a writ petition in 2005 seeking recognition of the right to adopt under the JJ Act 2000 irrespective of personal law. The All India Muslim Personal Law Board (AIMPLB) intervened opposing the petition, arguing that personal law governs adoption for Muslims.

9.3 Issues

1. Whether a Muslim person can adopt under the JJ Act 2000 irrespective of personal law
2. Whether the right to adopt is a fundamental right under Article 21
3. Whether the JJ Act's adoption provisions override personal law

9.4 Court's reasoning

On the JJ Act's applicability

The Court held that the JJ Act is a 'secular law' that governs adoption of orphaned, abandoned, and surrendered children. Section 41 of the JJ Act 2000 (now Sections 56-73 of the 2015 Act) applies to all prospective adoptive parents irrespective of religion. Personal law restrictions do not apply when the adoption is through the JJ Act route.

On co-existence with personal law

The Court clarified — the JJ Act does not force Muslims (or anyone) to adopt. It only provides an option. Muslims who choose to follow personal law restrictions are free to do so. Muslims who wish to adopt under the secular JJ Act framework can do so. This preserves individual religious freedom while creating a pan-religious secular option.

On fundamental right to adopt

The Court declined to declare that the right to adopt is a fundamental right under Article 21. The question should await a more developed statutory and social context. The Court held — 'All these aspects of the matter in fact projects the constant inter-action between religion based personal laws and secular laws. A visualisation of the said interaction... is bound to lead to varied and imponderable results.'

9.5 Holding

9.6 Ratio decidendi

• The JJ Act is a secular, pan-religious adoption code
• Personal law restrictions cannot prevent any person from adopting under the JJ Act
• Adoption under the JJ Act is optional — it co-exists with personal law
• Adoptions under the JJ Act have full legal effect irrespective of religion

9.7 Significance and legacy

• Made the JJ Act the de facto uniform adoption code
• Opened adoption to approximately 20-22 crore additional citizens
• Advanced child welfare by expanding the pool of potential PAPs
• Directly influenced the drafting of the 2015 Act, which retained the secular framework
• Created the constitutional framework for pan-religious JJ Act adoption

10. 2021 Amendment — District Magistrate's New Role in Adoption

10.1 The change in Section 61

Before the 2021 Amendment, adoption orders were passed by the civil court having jurisdiction. The court passed the adoption order after satisfying itself about the eligibility of PAP, the declaration under Section 38, and the best interest of the child.

The Juvenile Justice (Amendment) Act, 2021 (w.e.f. 1 September 2022) substituted 'District Magistrate' for 'court' throughout the adoption chapter. Post-amendment, the DM passes the adoption order.

10.2 Rationale for the shift

1. Judicial delay — adoption matters in civil courts faced years of delay. The DM was expected to dispose of uncontested applications faster.
2. Aligning with the DM-centric 2021 Amendment framework — other provisions (CWC quarterly review, CCI registration recommendation, inspection committees) were already placed under DM authority.
3. Administrative efficiency — most adoption applications are uncontested, making judicial adjudication disproportionate.

10.3 Procedure before the DM

1. SAA files adoption application before the DM under Section 61
2. Documents — CWC Section 38 declaration, PAP home study, child study report, medical report, pre-adoption foster care affidavit, NOC from CARA (if inter-country)
3. DM verifies Section 57 PAP eligibility
4. DM verifies Section 56 child eligibility
5. DM considers best interest of child
6. DM passes adoption order within two months of application

10.4 Appeal under Section 101(5)

An aggrieved person may file an appeal against the DM's adoption order to the Divisional Commissioner within 30 days. The Divisional Commissioner must dispose of the appeal within four weeks. This preserves judicial review while maintaining administrative efficiency.

10.5 Criticism and debate

• Supporters argue — faster adoption; reduced backlog; DM has administrative capacity; adoptions mostly uncontested; civil courts lacked child-welfare expertise.
• Critics argue — adoption is a legal transformation deserving judicial consideration; DM may not have legal training; Divisional Commissioner's appellate jurisdiction is untested; potential for administrative bias.

10.6 Ground reality

Post-2022 data from CARA shows modest improvement in adoption finalisation times. Average processing time from CWC declaration to adoption order has reduced from approximately 18 months (pre-2021) to approximately 12-14 months. However, overall adoption numbers remain below potential, suggesting that judicial delay was not the primary bottleneck.

11. Open vs Closed Adoption

11.1 Closed adoption

A closed adoption is one in which the biological family and the adoptive family have no contact, and the adopted child's biological identity is sealed. Under the JJ Act 2015 and the Adoption Regulations 2022, the default adoption model is closed — particularly for orphan, abandoned, and surrendered children where biological identity is often unknown.

11.2 Open adoption

An open adoption is one in which biological and adoptive families remain in varying degrees of contact. Levels range from fully open (ongoing contact), semi-open (limited contact through SAA), to closed (no contact).

11.3 JJ Act — default closed, limited openness

The JJ Act does not have an express provision for open adoption. Section 63 provides for complete severance of biological ties. However, in practice, some openness is possible for:

• Relative adoption — Section 56(2)
• Step-parent adoption
• Surrendered children where biological family maintains contact with CWC
• Adoption of older children who retain memories of biological family

11.4 Comparison table

11.5 Evolving Indian landscape

Indian adoption practice is evolving. Social changes — reduced stigma, greater openness about mixed-family identities, increased awareness of adoptee rights — are pushing practice toward more openness. CARA's 2022 Adoption Regulations acknowledge the child's 'right to know' biological identity upon attaining majority, subject to privacy considerations.

12. Landmark Cases on Adoption

12.1 Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244

Foundational inter-country adoption guidelines. Justice P.N. Bhagwati's bench. Still cited in almost every adoption judgment.

12.2 Shabnam Hashmi v. Union of India (2014) 4 SCC 1

See detailed brief above. JJ Act is secular, pan-religious adoption code. Personal law cannot override it.

12.3 Stephanie Joan Becker v. State (2013) 12 SCC 786

Single-parent adoption — 53-year-old unmarried US citizen allowed to adopt Indian girl. Best interest is paramount; age and marital status relevant but not determinative.

12.4 Re Manuel Theodore D'Souza (1988)

Bombay High Court — Christian couple could adopt under JJ Act despite personal law absence of adoption. Foundational pre-Shabnam Hashmi decision.

12.5 Sampurna Behura v. Union of India (2018) 4 SCC 433

Directions on JJ Act implementation including adoption — SAAs registered, SARAs functional, CARINGS maintained, priority for Indian PAPs enforced, adoption timelines met.

12.6 Exploitation of Children in Orphanages in TN v. UOI (2017)

Directions on CCI registration. Many orphanages housed children with biological families who had not legally surrendered the child. The Court ordered audits of CCI residents.

13. Exam Strategy

13.1 Prelims approach

• Know exact section numbers — 56 child eligibility, 57 PAP eligibility, 58 in-country, 59 NRI abroad, 60 inter-country, 61 adoption order (DM post-2021), 62 NOC, 63 effect, 65 SAA, 66 SARA, 67 SARA obligations, 68 CARA statutory, 69 Steering Committee
• Key timelines — 2 months Section 38 for under-2-year-olds, 4 months for older; 60 days surrender reconsideration; 60 days domestic matching; 48 hours child reservation; 2 years post-adoption follow-up; 30 days appeal to Divisional Commissioner; minimum 25 years age difference
• Shabnam Hashmi — (2014) 4 SCC 1; CJ Sathasivam + Ranjan Gogoi + Shiva Kirti Singh; 19 February 2014
• Lakshmi Kant Pandey — (1984) 2 SCC 244; Justice P.N. Bhagwati
• 2021 Amendment — DM replaces civil court; w.e.f. 1 September 2022

13.2 Mains approach

• For 'Adoption under JJ Act' — Section 56 eligibility; Section 57 PAP eligibility; Sections 58-60 procedure; Section 63 effect; CARA statutory role; 2021 DM role; landmark cases.
• For 'Shabnam Hashmi case' — full brief as in Section 9 above. Close with significance — pan-religious secular adoption code.
• For 'Inter-country adoption' — Sections 58-62; Hague Convention; CARA NOC; AFAA licensing; domestic matching priority; Lakshmi Kant Pandey framework.
• For '2021 Amendment on adoption' — Section 61 DM replaces civil court; Section 101(5) appeal to Divisional Commissioner; rationale; procedure; criticism.

13.3 Interview approach

• 'A 60-year-old single male wishes to adopt a 12-year-old boy. Is this possible?'
• 'A Muslim couple wishes to adopt under the JJ Act. Does Muslim personal law prevent this?'
• 'A foreign PAP wants to adopt an Indian child. Walk me through the procedure.'
• 'A biological mother returns three months after the adoption order. Can she reclaim the child?'
• 'A child was declared legally free for adoption but has now been waiting two years at an SAA. What intervention?'

14. Conclusion

Chapter VIII — Sections 56 to 73 — represents India's most important legal reform in family law in recent decades. The JJ Act's adoption framework made India a secular adoption jurisdiction for the first time. Before Shabnam Hashmi, approximately 85% of the Indian population could not legally adopt with full parent-child rights. After Shabnam Hashmi, every Indian has the statutory right to adopt subject only to eligibility criteria and best-interest assessment.

The institutional framework — CARA as statutory authority under Section 68, SARAs at state level under Section 67, SAAs as accredited institutions under Section 65, CARINGS as the central data system — provides the administrative backbone. The 2021 Amendment's transfer of adoption orders from civil courts to the District Magistrate represents the most significant procedural change in the post-2015 period.

For judiciary aspirants, mastering Chapter VIII is essential. Every mains examination on juvenile justice touches adoption. Every interview probes Shabnam Hashmi and Lakshmi Kant Pandey. Paired with the CWC module (Topics 31-34), the Rehabilitation module (Topics 35-39), and the CCI module (Topics 40-43), this Adoption module completes the substantive protective-and-rehabilitative architecture of the Act.

— End of Study Notes —

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