A RESEARCH SYNOPSIS OF

“A critical appraisal of Adoption Laws in India”

Abstract

The subject matter of this synopsis deals with comprehensive analysis of adoption law
in India. Practices of adoption have been followed for many decades but the law for
adoption came in the 19th century .There are various religions in India but there is no
particular adoption law governing the adoption of all religions.Till now in India there is
only one personal law governing adoption that is Hindu Adoption and Maintenance
Act,1956.In India the religion like Muslims, Christians,Jews and Parsis do not have their
own Personal law governing adoption because of which they cannot adopt a child and
give him /her his family name. They can only become the guardian of the child under
Guardians and Wards Act, 1890. The government of India has taken steps to make a
Uniform law for adoption . The National commission for protection of child rights
(NCPCR) said over 9,300 children have either lost their parents or been abandoned
during the covid -19 pandemic since march 2021. Relevance of adoption law is more
after the pandemic. To reform the law of adoption, the government passed the Juvenile
justice (Care and protection of children ) Amendment Act,2021.The study basically
employs analytical, empirical and critical research. It is mainly based upon both
doctrinal and non-doctrinal legal research. The main aim of the research proposal is to
find out the reason behind the delay in adoption and the effect of the Amendment done
by the Indian government .The study will be limited to In-country adoption.

Introduction

To have a kid is a parent’s biggest happiness.Adoption seems to be the most effective

way of achieving this joy. India is a country where there are many different religions.
Each religion has a unique selection of rites to which it is devoted. The Indian legal
system combines laws and culture to form law. In terms of personal affairs, Indian
society is governed by the traditions of the four religions: Parsinism, Islam, Hinduism,
and Christianity.

Adoption is the process of creating a relationship between a parent and a kid who are
not genetically related to one another. Through the help of the adoptive family, the
adopted kid is able to benefit from the rights, benefits, and obligations of a child.
Adoption was once primarily thought of as a way for a childless married couple to
"normalize" their union. However, the emphasis has shifted, and adoption is now
typically viewed as a system that exists to help place kids in better environThe Indian
government created the National Policy on Children, passed the Juvenile Justice Act,
ratified the UN Convention on the Rights of the Child, and adopted the national plan of
action on children in accordance with the provisions of the constitution and international
obligations. These measures were taken to protect childhood from exploitation and from
moral and material abandonment.

Kinds of adoption among hindus

1. Shastri Form of Adoption: -

Right from the Vedic age, adoption of sons, born to others , as secondary sons was not
approved. Still adoption was in existence in the Vedic age as also during pre – Vedic
period
The ancient Smrit writers on Hindu law recognized twelve or thirteen kinds of sons,
whom five were adopted sons Viz

1) The son given ( Dattaka) - is the son whom his father and mother gave in adoption.

2) The son made ( Kritrima) – is the whom a man himself makes his son with the
adoptee’s consent only.

3) The son brought ( Krita) – is the son sold by his father or mother or either of them.

4) The deserted son ( Apaviddha) – is the son discarded by his father and mother, is
taken in adoption.

5) The self given (Svayam Dutta) – is the son who is deprived of his father and mother
by death or abandoned by them, presents himself saying, ‘ let me become my son’.

The adopted son has been given the same status and position as is given to a
natural born son. For the validity of adoption a number of conditions were prescribed
under old law. For instance Manu says only the sonless person has the capacity to
adopt a son. Every Hindu who is of sound mind and has attained the age of discretion
may lawfully take a son in adoption provided, he has no son, grandson or great
grandson, natural or adopted. Under old Hindu law a widow could take a son in
adoption if expressly authorized by the husband or his Kinsmen. Thus, under the old
Hindu law also there were certain essential conditions which were to be satisfied for the
validity of adoption. The Hindu Adoption and Maintenance Act, 1956, has brought major
changes regarding the status, rights and the capacity to take a child or to give a child in
adoption. The old law has been modified to a greater extent. However, one may adopt
in Shastric form should fulfill the conditions given in the Act.
2. Kritima Adoption:-

According to Dattaka Mimas, Kritrima son is recognized as a son given. But better
opinion is that this form does not exist anymore except in Mithila and certain Coast
states.

Either man or woman can adopt in this form. A wife can adopt a Kritrima son to herself
even if her husband has adopted a son to himself. Son does not require the consent of
anyone, not even of her husband. A widow can also adopt a son without any authority
from the husband. In any case, a wife or widow cannot adopt a Kritrima son to her
husband.

The adoptee may be major, minor or a married person. In case of a major adoptee, he
cannot be adopted without his consent. A minor son may be adopted with his parent’s
consent. The adoptee must be of the same caste as the adoptive father. No ceremonies
are necessary to the validity of Kritima adoption. The adoptee does not lose his right to
inheritance in the natural family. In the adoptive family, he can inherit to the adopter only
and to no other relation

3. Customary Adoption:

Adoption does not always take the traditional form in India. Even within the same state,
this shape exhibits significant variety. Adoption in its customary form has no religious
justification. It is a wholly secular organization. The adopted boy is completely
separated from his biological family and moved to the adoptive family through
traditional, formal adoption. The right of collateral succession in the family of the
adoptive father is granted to the adopted son, and the right of collateral succession in
the natural family is forfeited.

It is not required to adhere to Hindu law's rituals or other requirements in order to

complete the legal adoption; it may be done in line with custom and by following the
appropriate customary forms. The best instances of traditional adoption are in the
Dvyamushyayana and Kritrima traditions.
In Kartar Singh v. Surjan Singh & others, the Supreme Court was asked to rule on the
legality of customary forms of adoption. The court concluded that when the Hindu
Adoption and Maintenance Act, 1956, went into effect, customary adoption was no
longer an option. According to Section 4 of the Act, any text, rule, or interpretation of
Hindu law, as well as any customs or usages that were considered to be part of that law
at the time the Act was enacted, shall cease to be in force with respect to any topic for
which provision is made in this Act.

4. Institutional Adoption:

The Hindu Adoption and Maintenance Act, 1956 provides for the adoption of orphans,
illegitimate and abandoned children. This Act authorized the guardian to give his ward in
adoption with the permission of the Court. Before 1962, the guardian meant De Jure
guardian i.e. a testamentary guardian or a guardian appointed by the Court. Thus, the
institution still could not give their wards in adoption as they were De facto guardians. In
1962 the Hindu Adoption and Maintenance Act, 1956 was amended to include in the
term guardian both Dejure and Defacto guardians. Therefore, the Manager, Secretary or
any person In Charge of an orphanage can give the ward-child of the institution in
adoption. However, the person giving the children in adoption is not to make a profit for
him or herself or the institution. The children cannot be allowed to be sold in the garb of
adoption. Some of these institutions are doing very good jobs. The Courts have also
accepted the importance of these welfare institutions. As already pointed out, the
modern concept of institutional adoption owes much to the aftermath of the Second
World War. Adoption began to be seen as a way of providing unwanted illegitimate,
neglected, uncared and unclaimed children in hospitals with a family. By adoption of
such children, a child becomes a member of the family and enjoys the same rights
which are enjoyed by a born child. There is an urgent need to promote and give more
financial assistance to such institutions who are involved in this pious job .

5. Inter-country adoption:

Inter-country adoption is the process by which a person/ couple belongs to another

country.

1. Adopt a child from a country other than your own through permanent legal means;
and
2. Bring that child to their country of residence to live with it permanently.

Inter-country adoption is similar to domestic adoption. Both consist of the legal transfer
of parental rights and responsibilities from a child’s birth parent(s) or other guardian to a
new parent or parents.

6. Domestic adoption:
When a mother and the adoptive parents are both nationals of the same nation, the
adoption is referred to as "domestic." Adoption of this kind is sometimes referred to as
"Intra-Country
adoption." In this procedure, a couple looking to adopt a child must register with an
organization that has the support of the government. Following registration, the
investigating officer will verify the applicant's personal information and determine
whether they are qualified to adopt a child.

Domestic Adoption is further divided into five categories:

a) Open adoption:
b) Semi open adoption:
c) Confidential adoption:
e) Foster care Adoption:

After the Central Adoption Resource Authority guidelines the following forms of
adoption are recognized:

I. In- Country Adoption

a) Adoption of Orphan , abandoned or surrender children

b) Relative adoption
c) Adoption by step parents

II.Inter – country Adoption:

a) Adoption of orphan, abandoned or surrendered children

b) Relative adoption

Comparative study of adoption with other religion

India is a country with many different cultures, and thanks to the constitutional
guarantee outlined in Article 25, everyone is free to practice and declare their chosen
faith. Articles 39, 45, 46, and 47 of the Indian Constitution, as well as the 1973 National
Policy for Children, are further constitutional requirements. These compel the
government to pass legislation allowing the adoption of any child, regardless of their
race, religion, caste, sex, or place of birth.

Adoption is permitted by a Hindu statute and by customs among a few statistically

insignificant categories of people, despite the fact that there is no general law to this
effect. Adoption, which constitutes a child's legal affiliation, constitutes the topic of
personal laws. Adoption was considered a sacramental act in traditional Hindu law.
Nevertheless, the Hindu Adoption and Maintenance Act 1956 has made adoption a
secular institution and a secular act by steering it explicitly away from all religious and
sacramental features. Only a son could be adopted under the previous Hindu legal
code. It has supported the higher right of fatherhood, just like in the case of uncodified
legislation.

Since there are no adoption laws for Muslims, Christians, Parsis, or Meos, they must
apply to the court under the Guardians and Wards Act of 1890. Only foster care is
permitted under the aforementioned laws for Muslims, Christians, Parsis, and Meos to
adopt children. When a foster child reaches adulthood, he has the freedom to cut all
ties. Additionally, such a child is not legally entitled to inherit.

Adoption under Hindu religion

Adoption was considered a sacramental act in traditional Hindu law. Currently, however,
the Hindu Adoption and Maintenance Act, 1956, has made adoption a secular institution
and a secular act by steering it explicitly away from all religious and sacramental
features of adoption. Only sons could be adopted under the previous Hindu law;
daughters were not permitted. However, a daughter can also be adopted under modern
legislation. Previously, only a male could decide to adopt, but today a single female can
do the same. The approval of both parents is required if a child is to be given up for
adoption while the father is still alive.The mother may place the child for adoption if the
father has passed away, abandoned society, or become insane. Following the deaths of
both parents, the guardian may place the child for adoption.
As a result of adoption, the adopted child effectively becomes a member of the adoptive
family and occupies the same place as a natural child in that family. His relationship with
his biological family ends. Hindus are only allowed to adopt one son and one daughter
at a time. Adoption cannot ever be revoked.

The Holy Quran and Adoption under Muslim law

A youngster is not permitted to select a religion or alter their religious beliefs, according
to Islamic law. Adults alone are eligible for this privilege. The right to adoption is also
disregarded by the faith. This argument is based on the idea that inheritance and
consanguinity within interrelated extended families cannot and shouldn't be influenced
by the act of integrating a stranger into the family unit.

Some writers, such as Amir Ali Wilson, claim that Abdur Rahman's Holy Quran
forbids adoption. It seems that Muslims have the misconception that adoption is illegal
or that Muslims are unaware of adoption.
Pre-Islamic Arabia was known for its adoption custom, which in some cases was
motivated by a sense of comradeship in arms. Even the prophet Mohammad himself
accepted Zaid, the son of Haris, for adoption, which appears to have given the adoption
system some credence.
Adoption is still a common practice among Muslims. However, it has been claimed by
several authors that the prophet himself disapproves of adoption based on a scripture in
the Holy Quran.According to S.33, A.4-6 of the Qur'an, which is the passage in
question, " Allah has not made for any man two hearts in his breast nor has he made
your wives whom ye divorce by Zihar your mothers nor has he made your adopted sons
your sons, such is (only) your (manner of) speech by your months. But Allah tells (you)
the truth and he shows the (right) way call them by after their fathers: that is just in the
sight of Allah but if ye know nor there father's names (then they are) your brother's in
faith, or your friends but there is no blame on you if ye make a mistake therein: (what
counts is) the intention of your hearts: and Allah is oft-forgiving, most merciful. The
prophet is closer to the believers than their own selves and his wives are their mother's
Blood relations among each other have closer personalities, in the Book of Allah than
(the Brotherhood of) believers and Muhajirs.

According to the Quran's aforementioned verse, adoption in the strictest sense is

forbidden by Muslim law. It is argued that a thorough reading of this scripture will reveal
that adoption is in no way forbidding; rather, the prophet feared that if taken too literally,
a man calling another man's son "his son" might complicate a natural and normal
connection. The prophet's message was that an adopted son is not a true son and that
only a real son can be born.

The Prophet's teachings are predicated on the assumption that a father already has a
biological son. But what if a man is without a son? Is it not possible for him to adopt a
son and raise him as his own? It should be remembered that the Prophet intended for
slaves to be addressed by their father's name. The practice of adoption is legal among
Muslims, and Shariah law does not forbid it. This will be covered in more detail later.If
the foregoing verse was mistranslated to suggest that the prophet forbade adoption, it
cannot be claimed that what the Holy Quran forbids can be made legal by tradition and
use. Therefore, adoption is not forbidden anywhere in the Holy Quran.

Custom of adoption in Muslim Religions

The same high court ruled in Nenoo Khan V. Mst. Sugani that Muslims may have an
adoption system due to custom. The same High Court carefully reviewed the situation in
Mst. Bibi V. Syed Ali and reached the following conclusions:

(i) Adoption is, as a rule, not unknown to Muslim Law.

(ii) By Virtue of Custom Mohammedans many also have the system of adoption,
(iii) A Muslim who alleges that by custom he is subject to adoption must prove it.

Adoption under christian and parsi Religion

The personal laws of these communities do not recognise adoption either, yet in this
case, an adoption from an orphanage is still possible with the court's approval in
accordance with the Guardians and Wards Act. No adoption legislation applies to
Christians.

Since adoption constitutes a child's legal affiliation, it falls under the purview of personal
law. Because there are no adoption rules for Christians, they must apply to the court
under the Guardians and Wards Act of 1890. The need for a standard adoption law has
been emphasized by the National Commission on Women. Only foster care is permitted
under the aforementioned Act for Christians to adopt children. When a minor in foster
care reaches adulthood, he is free to cut all ties. Additionally, such a child has no legal
rights.The Guardians and Wards Act, 1890, contains the general law governing
guardians and wards. It stipulates unequivocally that the father's right is paramount and
that nobody else may be chosen unless the father is deemed unfit. Additionally, this Act
stipulates that when appointing a guardian under the Act, the court must consider the
child's welfare.

The current legal status of Adoption by Homosexuals in India

According to the 2015 Guidelines Governing Adoption of Children, prospective adoptive

parents' eligibility is established based on their aptitude, suitability, and willingness to
adopt, as well as the child's best interests. The criteria for selecting potential adoptive
parents do not list sexual orientation as a criterion. The guidelines do not, however,
make it clear whether or not homosexual couples may adopt children.
Currently, India forbids same-sex couples from adopting children. Indian legislation
restricts adoption eligibility to heterosexual couples alone. The Juvenile Justice (Care
and Protection of Children) Act, 2015, which governs the adoption procedure, defines a
"couple" as a "married man and woman" who have lived together for at least two years.

However, the Indian Supreme Court has recognised the legal equality and human rights
of LGBTQ+ people and their claim to equal protection under the law. The court decided
that the right to sexual orientation is a crucial component of the right to privacy and
dignity protected by the Indian Constitution in a landmark decision in 2018. This
decision cleared the path for India to decriminalize homosexuality.

In actuality, homosexual couples looking to adopt children in India face major obstacles
due to the lack of a clear legal framework for homosexual adoption. Due to a lack of
legislative regulations allowing them to take into account adopting homosexual couples,
adoption agencies and authorities may discriminate against homosexual couples
throughout the adoption process.

In the case of Shivy and Aditya v. The State , a gay couple, requested permission
from the Bombay High Court to adopt a child in 2016. The couple had been together for
a long time and wanted to adopt a child, but the adoption agency denied their
application. The pair contended that they should be permitted to adopt because there is
no legal prohibition against homosexual adoption in India. Their case was upheld by the
Bombay High Court, which decided that the adoption agency's choice was biased and
arbitrary.

(2) ADOPTION PROCESS

Adoption authorities and agencies for In-country Adoption

The authorities or agencies involved in in-country adoption process shall be -

i. The Court of Competent Jurisdiction who can pass Order for Adoption;

ii. Central Adoption Resource Authority (CARA);

iii. State Adoption Resource Agency (SARA)

iv. Adoption Coordinating Agency (ACA) and

V. Specialized Adoption Agency (SAA)

Current scenario in Indian adoption

The National commission for protection of child rights (NCPCR) said over 9,300
children have either lost their parents or been abandoned during the covid -19
pandemic since march 2021. Relevance of adoption law is more after the pandemic.
Those children who lost their parents in this situation ,have a long way to go and their
future can be secure by adoption .To reform the law of adoption government pass the
Juvenile justice (Care and protection of children ) Amendment Act,2021

●​ The major aim of the amendment in this act is to further fortify the implementation
and monitoring mechanisms under the existing Juvenile Justice (Care and
Protection of Children) Act, 2015

●​ This amendment gives the power to District Magistrates, also including Additional
District Magistrate to monitor and coordinate the functions of the agencies
concerned with the implementation of the act.

●​ It further empowers them to determine the cases of adoption that fall under the
act along with introducing eligibility conditions for appointment of the members of
the Child Welfare Committee.

MEANING AND DEFINITION OF CHILD

Child refers to a young person. This phrase has been defined variously in several
contexts, primarily based on chronological age. The word "kid" is deceptive since it
conveys connotations that cannot be broadly applied. Even in distinct pieces of
legislation, the term is defined from several angles. The definitions of "kid" as they are
used in various pieces of legislation are listed below.
1) Section 2(12) of the Juvenile Justice ( Care & Protection of Children ) Act,
2015: Child means a person who has not completed 18 years of age .
 2) Section 2(a) of the Child Marriage Restraint Act , 1929 : Child means a
person who , if a male has not completed 21 year of age & if a female, has not
completed 18 year of age.

3) Section 2(2) of the Child Labour (Prohibition & Regulation) Act ,1988: Child
means a person who has not completed his 14 year of age10 .

Laws to adopt a child in India

(A) Hindu Adoption and Maintenance Act, 1956

Any Hindu man of sound mind who is not a minor and is not a minor is qualified to
adopt a son or daughter; however, if the male has a living spouse at the time of
adoption, his spouse's consent is required. Any Hindu woman who is not married or
has had her marriage dissolved, or whose husband is deceased or has been found
incompetent, is eligible to adopt a son or daughter. If the family already has a biological
child, the adoption of a child of the opposite sex is permitted. When a male child is
adopted by a female, the female must be at least 21 years older than the baby. In the
case of a male adopting a female infant, the male must be at least 21 years older than
the baby. The rights of an adopted child are the same as those of a biological child.
Adoption is irreversible under this Act.

(B) Guardians and Wards Act, 1890

Since there is no universal adoption law, and the personal laws of Muslims, Christians,
Parsis, and Jews do not accept the principle of full adoption. Under this Act, someone
who wants a child will become a guardian before the child reaches the age of 21. This
Act, however, does not grant the guardian any adoptive rights, and the only relationship
that exists between the parents and the child is that of Guardian-Ward. Unlike the Hindu
Adoption and Maintenance Act of 1956, this Act does not grant the adopted child the
status of a biological child.

(C) The Juvenile Justice (Care and Protection of Children) Act, 2000

The Juvenile Justice (Care and Protection of Children) Act, 2000 (“JJ Act, 2000”) was
the first secular piece of legislation governing matters with respect to juveniles including
adoption.
While, the JJ Act, 2000 did not expressly mention about inter-country adoption,
Guidelines for Adoption from India, 2006 were notified under section 41(3) of the JJ Act,
2000 which contained reference to inter-country adoption. The 2006 notification was
replaced by Guidelines Governing the Adoption of Children, 2011 (“2011 Guidelines”),
which also contained a specific definition of ‘inter-country adoption’. The 2011
Guidelines were further superseded by the Guidelines Governing the Adoption of
Children, 2015.)

(D) The Juvenile Justice (Care and Protection of Children) Act, 2015

The concept of ‘inter-country adoption’ present until now only in the various guidelines
notified under the JJ Act, 2000, was expressly included in the Juvenile Justice Act, 2015
(“JJ Act, 2015”). Section 2(34) of the JJ Act, 2015 defines inter-country adoption as
‘adoption of a child from India by non-resident Indian or by a person of Indian origin or
by a foreigner’. Subsequently, Adoption Regulations, 2017 were notified under the JJ
Act, 2015.

Under Section 56(4) of the JJ Act, 2015 it is mandatory that all inter-country adoptions
are undertaken solely in accordance with the JJ Act, 2015 and the adoption regulations
framed thereunder by CARA. Further, Section 56(3) specifically states that JJ Act, 2015
shall not apply to adoption of children under HAMA. Therefore, a conjoint reading of
Section 56 (3) and section 56(4) of JJ Act, 2015 implies that all inter-country adoptions
(irrespective of their religion) shall be made as per the provisions of the JJ Act, 2015. It
also implies that while a domestic adoption under HAMA does not attract the provisions
of the JJ Act, 2015, an inter-country adoption if made, without following the mandatory
procedure under the JJ Act, 2015 shall not be considered to be a valid adoption.

(E) Central Adoption Resource Authority

CARA has released policy recommendations on both international and domestic

adoptions. The key policy adopted is that adoption placement agencies must strictly
observe and adhere with CARA policies, as well as register with their respective state
governments. Until placement agencies process the application in competent Judicial
Courts, a No Objection Certificate [NOC] from CARA is required in all inter-country
adoptions. The following primary principles shall administer adoptions of children from
India, namely:- • When processing any adoption placement, the child's specific needs
must take precedence. • Preference will be provided to placing the child for adoption
with Indian people, with due consideration for the idea of placing the child in his own
socio-cultural context. • Every adoption must be reported on the Child Adoption
Resource Information and Guidance System, and the Authority must keep information
private
 ●​ In India, there are only 2,430 children available for adoption while the
number of parents desiring to bring home a child is growing rapidly.

●​ There were 27,939 prospective parents registered with the Child Adoption
Resource Authority(CARA) as of December 2021 ,up from nearly 18,000
in 2017.

●​ The waiting time for adoption has increased to three years from one year
in the past five years.

Judicial Perspective On Adoption -

Malti Roy Chowdhury V. Sudhindranath

The case related to comparison between male and female in the adoption process
where the court held that the wife cannot adopt even with the consent of the husband .
But in the case of male ,they must take in adoption either factually or legally only with
the consent of the wife.
The above case was overruled in Brijendra Singh V. The State of MP and the court
observed that a woman though married but living a life like a divorced is entitled to
adopt .Court held that Section 8 of HAMA cannot be observed in a rigid sense.

Shabnam Hashmi v. union of India (2014)

held that any individual belonging to any religion could adopt a mics-framed kid. It
hesitated but acknowledged the statutory right to adopt on the point of giving adoption
the status of fundamental right

Luxmi kant pandey v. Union of India (1984)

The supreme court took legal notice and issued directions.It was directed to establish a
regulatory body known as the Central Adoption Resource Agency (CARA) to oversee
the entire adoption process. It was aimed that every request for adoption by a stranger
should be endorsed by foreign country’s child/ social welfare organization.

Inder Singh V. Kartar Singh

Punjab and Haryana High court has expressed the meaning and purpose of adoption in
the following words. “Broadly put, adoption under Hindu law is the admission of the
stranger by birth to the privileges of a child by a legally recognized form of affiliation and
contemplation of Hindu law and adopted child is deemed to be begotten by the father
who adopts him or for and on behalf of whom he is adopted. Thus, ‘Taking of a son’ is a
substitute for the failure of male issue and its object is two folds:

1) To secure the performance of funeral rites of the person to whom the adoption is
made; and

2) To preserve the continuance of his lineage. In other words the main object of
adoption under strict Hindu law seems to be to secure spiritual benefit for the adopter,
though its secondary object is to secure an heir to perpetuate an adopter’s name”.

Proof of adoption

Rahasa Pandiani (Dead) By Lrs. v. Gokulananda Panda, 1987

In this case , a child was adopted by a woman and the child belonged to the sister of
her dead brother .The child passed away some time, and the woman bequeathed her
property to some relatives. A suit was filed by another person after several years
praying for a declaration that he was the adopted child of the woman.
It was held that when there is a claim for adoption then the same has to be proved by
way of clinching evidence. An oral adoption must be presented with some documentary
evidence which could dispel the clouds of uncertainty .
It was further held that the process of Adoption made a huge change in the course of
succession. It results in depriving the rights of a wife or a daughter from transferring
property to a complete stranger, thus the claim of the Adoption would have to be
scrutinized on the basis of evidence adduced to clear the court of all doubts.
In the absence of any evidence which would show that there was an Adoption , it would
be wrong and unreasonable to give a declaration for adoption , especially in cases
where the claim is being made on the grounds of an oral adoption.

Jijabai VithalRao V. Pathan Khan

The honorable Supreme Court ruled in this case that the mother could be named as the
natural guardian of the minor's child as well as the property because the father should
be treated as if he doesn't exist because he was alive but had been living separately for
a number of years without showing any interest in the affairs of the minor child, who was
then in the mother's care and keeping.
Review of literature

Bajpai Asha ,(1996)

In this book, the author explains how adoption has had a variety of meanings for people
who have been married throughout the Indian subcontinent's lengthy history. It evolved
from a Hindu parent's semi-religious customary right to become a national institution,
giving a fresh start to millions of neglected and abandoned youngsters. However, as a
result of this transition, a number of social issues, like the terrible trade in kidnapping
and selling children for fictitious international adoptions, emerged with no judicial
oversight. The authorities' attention was drawn to the unsatisfactory state of the law on
a very complicated subject, including the rights of the child, the interests of natural
parents, foster parents, and other parties in the 1970s Supreme Court of India cases of
public interest.

Banerjee Arundhati,(2020)

For thirty years, research on adoption as a family-building strategy has been conducted
all around the world. It is one of the few ideas that has undergone a significant
transformation as we transitioned from the prehistoric to the contemporary era. In our
society, adoption is a very significant institution. There is no general adoption law in
India. Despite being acknowledged for millennia, it is only now becoming part of
personal legislation. India has undergone gradual development, from formally adopting
a boy to completing funeral rites after the adoption parents pass away to single women
adopting daughters.India concentrated on finding a home for abandoned, poor,
illegitimate, and surrendered children during the social reform of the 1950s.

Diwan Paras prof. ,(1994)

The author of this book explained how adoption is another area of family law where a
kid could be harmed. Under our law, well-wishers for the child are irrelevant. The right to
place a child for adoption belongs to the parent nearly entirely. Inter-country adoption is
another phenomenon that emerged after the Second World War. Typically, abandoned,
orphaned, destitute, or destitute children, or children of low-income parents, are the
subjects of inter-country adoption. The author went on to describe how international
adoption contributes to child exploitation and trafficking. In this regard, he suggests that
a new law be passed for the purpose of giving adoption concerns, including transracial,
transcultural, and transnational adoption, extraordinary consideration.
Merino Faith ,(2014)

The author does a great job of explaining the background, many perspectives on family
formation, and the current controversies around adoption and surrogacy.In addition, the
author explains how surrogacy and adoption have ramifications for issues relating to
immigration, nationality, citizenship, culture, race, gender, and socioeconomic class.
Finally, a writer brought out a few social and moral concerns with adoption and
surrogacy.

Sini paul (2022);

The objective of this paper is to examine the international and national legislation on
child adoption in India from the perspective of human rights. Adoption of children in light
of violations of human rights and a critical evaluation of these tools' efficacy in achieving
the mentioned rights .How much of the instrument's standards and measures have been
put into practise? How closely has India adhered to these rules and regulations in its
internal policies? What actions might be taken to make these human rights a reality. In
the current study, the researcher has made an effort to emphasize providing a thorough
and accurate review of numerous statutory provisions in order to understand the current
actual condition of children under the various laws.

Ananya K. N. ,(2021)

Almost all parents hope to have children one day. Adoption was supposed to provide
childless guardians a chance to reunite with their loved ones in the past, but that must
have happened inside the bounds of the family. Adoption has been refined in India for a
long time, but the situation now is different, and the rules are set up to provide JUSTICE
TO CHILDREN. Given that Hinduism is the most widely practiced religion in India,
sagas and historical records have compiled information about holy figures and nobles
who have been welcomed and loved. The Mahabharata and Ramayana are two such
magnificent Hindu classics that make adoption references. One of the most successful
and beneficial aspects of India's child government assistance programme is adoption.

Balpande, G., (2021)

LGBTQ community is the sexual minority of India,the civil rights of this community like
the right to marriage ,right to adoption etc are not being recognised .Equal adoption
rights are necessary for the LGBTQ community to live a family life with children ‘s
similar to their heterosexual counterparts. The discriminatory adoption laws which are
based on gender violate different principles which are under Article 14, Article 15 and
Article 21 of the Constitution of India. In 2018 the apex court in its landmark judgment of
Navtej singh johar v. Union of India has decriminalized homosexuality by reading down
part of section 377 which criminalizes the consensual sexual act of adults in private.
However the court has not paid to the civil right.

Bhaskar,Saras, (2020)

This study provides information on adoption as a means of family building in South

India. Adoption agencies are now organized sectors that are strictly controlled by the
state and federal governments. Domestic adoption gained traction once the Indian
government became involved in monitoring and regulating intercountry adoption rules.
The overall number of children abandoned or surrendered has reduced significantly as
a result of the Family Planning Act of India's legal medical termination of pregnancy and
the strengthening of the Indian economy.
Adoption is a personal decision; adoptive parents require assistance with parenting,
family issues, and coping with the community and school. Post-adoption counseling in
the form of aftercare is currently available, although it is only given to parents upon
request. It is proposed that post-adoption counseling be enforced in order to assist and
advise parents as they adjust to their new duties and cope with parenthood. Another
critical component is that the mental health community be educated on the adoption
process and the psychological burden of childless couples who choose adoption. Based
on the current trend, it is possible that adoption therapy training will be required in the
future.

Bharadwaj, A. (2003)

This paper explores the cultural issues surrounding child adoption in India, focusing on
infertility and assisted conception experiences. It reveals that couples prefer secret
gamete donation over adoption, citing systematic misrecognition. The paper argues that
secrecy is a need to obfuscate a violation of culturally priced ideals, making adoption an
undesirable option due to the public, vocal, and visible admission of infertility between
adopted children and social parents.

Challenges in domestic adoption

Although state-approved agencies provide adoption services, private adoptions

continue to take place in some hospitals through agents and unorganized sectors.
Adoption agencies are frequently seen as "money makers," and as a result, they are
continuously put under "scanner" by whistleblowers.

In some states, there is a lack of reliable and complete data, making research projects
challenging.

If and when the budget is cut, several of the agencies that are ordinarily in charge of
data collection may find it impossible to continue their work.

Unlike in Western countries, Indian culture does not favor "open adoption." Because
India practices "closed adoption," the identity of the birth parent(s) is kept private. As of
today, adoptive parents are not comfortable notifying their children about their adoption
status, both in rural and some metropolitan regions (Sheelajayanthi, personal
communication, December 11, 2009). If a youngster obtained this information from
others, trust may become an issue in the parent-child connection.

Although single parent adoptions are allowed, there has been no study or indication of a
rise in the number of single parents who have adopted children. There is no information
on the success rate of single parent adoption.

Statement of problem

There should be a unique adoption law that is "child-centric, optional, enabling, and
gender-just," like in other nations. Adoption rules should be standardized across the
board so that there is no religious discrimination in adoption and everyone can enjoy
equality of status and rights.
In order to foster an atmosphere of acceptance, growth, and well-being and to
acknowledge children as equal participants in the adoption process, it is necessary to
adopt an inclusive strategy that prioritizes the needs of a child. HAMA focuses on
parents. The JJ Act only has a brief section on adoptions.

Hypothesis
Significant modifications have been made to India's adoption laws in recent years with
the goal of enhancing the adoption procedure and defending the rights of both adoptive
parents and their children. The Juvenile Justice (Care and Protection of Children) Act,
2015, which takes a holistic approach to adoption and child welfare, is the key piece of
law in this regard.Concerns exist over the adoption process's accountability and
openness as well. Concerns over the system's integrity and the possibility of conflicts of
interest have been raised by the adoption authority being transferred from judicial
authorities to district magistrates. Experts and activists have pointed out that this
change could reduce the checks and balances that judicial review provides, making the
process less trustworthy for potential parents.

Objective

1.Manufactured orphans and child trafficking, pandemic increase the child trafficking.

2. Returning child after adoption and Disability and adoption.

3. Declining statistics and Institutional apathy there is a wide gap between adoptable
children and prospective parents,which may increase the length of the adoption
process.

4. LGBTQ+ parenthood and reproductive autonomy , adoption rights are not solved .

Research question

1. whether the Indian judiciary has played any role in the development of adoption in
India ?

2. Whether central authority in India has played an effective role in the process of
adoption?

3. What are the potential areas for reform in India's adoption laws to better protect the
rights of all stakeholders?

4. whether India has an effective statute on international adoptions?

Statement of problem

There should be a unique adoption law that is "child-centric, optional, enabling, and
gender-just," like in other nations.

Adoption rules should be standardized across the board so that there is no religious
discrimination in adoption and everyone can enjoy equality of status and rights.

In order to foster an atmosphere of acceptance, growth, and well-being and to

acknowledge children as equal participants in the adoption process, it is necessary to
adopt an inclusive strategy that prioritizes the needs of a child. HAMA focuses on
parents. The JJ Act only has a brief section on adoptions.
Research Gap

Adoption in India is escalating.There are various religions in India but there is no

particular adoption law governing the adoption of all religions. There are only a few
provisions of the Juvenile justice act which deals with the Adoption of child in India.
Which are insufficient and ineffective to deal with some specific issues related to
Adoption like Nationality ,pre and post supervision of children after Inter country
Adoption. A little bit of effort has been made by law making agencies with this regard.
Declining statistics and Institutional apathy there is a wide gap between adoptable
children and prospective parents ,which may increase the length of the adoption
process.

Research methodology

The study is mainly based upon both doctrinal legal research. In doctrinal research Text
books, Journals, Legislative materials, Official publication, Law reports, Law Journals,
Conferences, Seminar paper to be used. Important news and feature films are collected
by the researcher.

Tentative chapters

1.​ Introduction
2.​ Review of literature
3.​ Concept of adoption
4.​ Issues related to Adoption
5.​ Judicial perspectives on adoption
6.​ Conclusion and suggestion

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