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Adoption Regulations -2017

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Presentation on theme: "Adoption Regulations -2017"— Presentation transcript:

1 Adoption Regulations -2017
Central Adoption Resource Authority Ministry of Women & Child Development Adoptions under J.J Act / J.J Rules -2016 & Adoption Regulations -2017 Website: ,

2 Salient Features relating to Adoption
JJ Act 2015/JJ Rules 2016/AR 2017 Salient Features relating to Adoption Mandatory reporting of all Orphan, Abandoned & Sundered children(OAS) to concerned Authorities [Section 32-34] No FIR to be registered against any biological parents in the process of inquiry relating to an abandoned or surrendered child under this Act [Proviso under Section 38(1)] Safe abandonment of a child by a biological parents due to circumstances beyond their control , shall not invite punishment for cruelty or wilful abandonment [Proviso under Section 75] A child of a Mentally retarded parents to be declared legally free for adoption by the Committee following the procedure under JJ Act [Section 38(3) An unwanted child of victim of sexual assault to be declared legally free for adoption by the Committee following the procedure under JJ Act [Section 38(3)] Website: ,

3 Salient Features relating to Adoption (Contd.)
JJ Act 2015/JJ Rules 2016/AR 2017 Salient Features relating to Adoption (Contd.) Process of declaring OAS children legally free for adoption further streamlined [Sec. 35 to38 of JJA , Rule of JJR & Reg 6 & 7 of AR). Review of pendency before CWC by DM/DC [Section 27(8) of JJA]. Reporting of adoption cases by CWCs to DM/DC and CARA [Section 36(4) & 38(5) of JJA & Rule 43 of JJR, Regul 34 (12) & Schedule XXVI of AR]. Mechanisms provided for bringing more children into formal adoption fold [Sec 32 to 34, 41 & 66 of JJA , Rule 48 of JJR & Reg 58 of AR]. Eligibility criteria of PAPs provided in [Sec 57 of JJA & Regulation 5 of AR]. Adoption to be resorted to as per the provisions of the Act , the Rules and the Adoption Regulations framed by CARA , to ensure right to family for OAS children [Section 56 (1)] Website: ,

4 Salient Features relating to Adoption (Contd.)
JJ Act 2015/JJ Rules 2016/AR 2017 Salient Features relating to Adoption (Contd.) A Non-Hindu living in India can adopt under JJ Act [Section 56 (2)] Nothing in JJ Act shall apply to the adoption of children made under the provisions of HAMA [Section 56 (3)] Adoption procedures for in-country and inter-country adoption of OAS children laid down in nutshell in [Sec 58 and 59 of JJA & Reg 9 to 13 of AR]. All Inter-country Adoptions have to be under JJA 2015 Section 56 (4) read with JJR and Adoption Regulation 2017 [Regulations 14 to 22 & 53 to57 of AR] Any illegal transfer of a child from the lawful custody to custody in India to another person in a foreign country from the court is punishable as per the provisions of Section 80. [Proviso under Section 56(5)] . Penal provisions stipulated against illegal adoptions [Sec. 34, 65(2) & (4), 80 & 81 of JJA , Rule 58 & 59 of JJR & Reg 54(4) of AR]. Website: ,

5 Salient Features relating to Adoption (Contd.)
JJ Act 2015/JJ Rules 2016/AR 2017 Salient Features relating to Adoption (Contd.) Provisions for relative adoptions (In-country) in Sec .56(2) of JJA and Regulation 52 & 55 of AR and (Inter-Country) in Sec. 60 of JJA & Regulation 53 to 57 of AR . Such cases are those which are not possible under HAMA 1956. Adoption by Step parent [Regulation 52 of AR] Effect of adoption laid down under Section 63 of the Act Court procedure relating to adoption standardised [Sec. 61 of JJA , Rule 45 & 46 of JJR & Reg 12 , 17 & 55 of AR]. Adoption Reporting to CARA under Section 64(4). The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an OAS child by resident Indian PAPs or by NRI, or by OCI or by a foreigner, shall be as per the Adoption Regulations framed by the Authority Website: ,

6 Salient Features relating to Adoption (Contd.)
JJ Act 2015/JJ Rules 2016/AR 2017 Salient Features relating to Adoption (Contd.) CARA conferred Statutory Status with additional functions [Sec. 68 to 70 of JJA and Rule of JJR ] State Adoption Resource Agency to work under the guidance of CARA [Sec. 67 of JJA , Rule 49(1)(vii) & (viii) of JJR & Reg 37(7) of AR]. Website: ,

7 Central Adoption Resource Authority
Website: ,


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