Maha govt tells HC it will bring its own rules on child adoption
8 years, 4 months ago

Maha govt tells HC it will bring its own rules on child adoption

Firstpost  

Maharashtra government has informed the Bombay High Court that it intends to introduce its own rules on child adoption but until they are brought into force, the existing model rules framed by the Centre shall be operative in the state. Mumbai: Maharashtra government has informed the Bombay High Court that it intends to introduce its own rules on child adoption but until they are brought into force, the existing model rules framed by the Centre shall be operative in the state. The Centre had told Bombay High Court in May this year that within two months it will frame model rules for the states to follow before Central Adoption Resources Authority brings out new guidelines for adoption and added that in the meanwhile, 2015 guidelines issued by Cara will continue. Thereafter, the Centre framed its own rules on child adoption and informed this to the high court which in turn asked the state government whether it would accept this or bring its own rules.

Adoption Court Maharashtra Bombay High Court Rules State Centre Cara Maha Child Adoption Its Own Rules  tells  court  set  high  maharashtra  rules  govt  guidelines  bring  maha  adoption  centre  state  child  hc

History of this topic

Supreme Court flays States for not setting up adoption agencies
8 months, 3 weeks ago

Supreme Court flays States for not setting up adoption agencies

The Hindu  

The Supreme Court was compelled on Tuesday to initiate “coercive proceedings” against 29 States and union territories for not complying with a November 2023 order to set up Specialised Adoption Agencies, meant to streamline the adoption process of abandoned and surrendered children, in every district. Repeated opportunities The Bench said the November 20, 2023 order had directed the setting up …

States Are In Prima Facie Violation Of Directions Issued For Exepditing Adoption Process : Supreme Court Gives Last Chance To Comply
1 year ago

States Are In Prima Facie Violation Of Directions Issued For Exepditing Adoption Process : Supreme Court Gives Last Chance To Comply

Live Law  

The Supreme Court, while hearing a PIL to simplify adoption procedures, observed that the States are prima facie in breach of the previous directions to expedite the adoption process. In view of this, the Court gave the States one last opportunity to comply with the directions, failing which the Court may resort to coercive proceedings. In the previous order, the …

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies
1 year, 4 months ago

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies

Live Law  

The Supreme Court on Monday directed the Secretary in charge of nodal departments responsible for the implementation of the Juvenile Justice Act in all States to carry out bi-monthly identification drives to identify children who were orphaned, abandoned, or surrendered so that such children could enter the loop of adoption in India. The bench comprising CJI DY Chandrachud, Justice JB …

All about CARA, India’s adoption regulation body | Explained
1 year, 4 months ago

All about CARA, India’s adoption regulation body | Explained

The Hindu  

The story so far: To adopt a child, India’s almost 30,000 prospective parents wait for an average of three years. CARA is the nodal body regulating the adoption of “orphaned, surrendered and abandoned children” in India. Adoption agencies urged the court to review the regime, “with a particular reference to the CARA’s status and functioning and the procedural hindrances to …

In Chandigarh, no end to 40 hopeful parents’ long adoption wait
1 year, 4 months ago

In Chandigarh, no end to 40 hopeful parents’ long adoption wait

Hindustan Times  

It’s been almost a year since the UT administration notified the Chandigarh Juvenile Justice Amendment Rules, 2023, to accelerate the adoption process. Recently, the Supreme Court had raised serious concerns over the “grave” delay in the process of adoption of children and asked the Centre why no steps were being taken to simplify the process. CARA is a nodal body …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 8 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters
1 year, 9 months ago

“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters

Live Law  

The Bombay High Court clarified on Friday that it hadn’t stalled any adoptions and all procedures should continue as they were before the Juvenile Justice Amendment 2021. Civil courts dealing with adoptions must continue to do so till final disposal of this matter on July 7.” After an intervenor pointed out that several matters had already been transferred to the …

Now, adopting a child becomes easier in Chandigarh
1 year, 10 months ago

Now, adopting a child becomes easier in Chandigarh

Hindustan Times  

Adopting a child in Chandigarh has now become a step easier with the UT administration notifying the Chandigarh Juvenile Justice Amendment Rules, 2023. The Chandigarh administration has adopted the amendments in the Juvenile Justice Model Rules, 2016, notified by the central government in September 2022. The department will soon be appointing an officer to address queries of parents who want …

Supreme Court Allows Woman Who Sought Abortion To Give Child For Adoption To A Couple Registered With CARA
2 years, 2 months ago

Supreme Court Allows Woman Who Sought Abortion To Give Child For Adoption To A Couple Registered With CARA

Live Law  

In a plea filed by a 21-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court of India, while noting that the petitioner in question had agreed to give birth to the child and place the child for adoption, asked AIIMS to take all necessary precautions in the interest of the safety and health of the …

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates, Asks Single Judge To Continue Hearing Matters
2 years, 2 months ago

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates, Asks Single Judge To Continue Hearing Matters

Live Law  

The Bombay High Court on Tuesday granted interim stay on transfer of pending adoption matters to the District Magistrates and directed the courts to continue with adjudication in such cases. The division bench of Justice G. S. Patel and Justice S. G. Dige also issued notice to the Attorney General for India in a writ petition challenging the Juvenile Justice …

Explained | What are adoption rules in India
2 years, 11 months ago

Explained | What are adoption rules in India

The Hindu  

A total of 3,559 children were adopted in India between April 2020 and March 2021, as per official adoption data. The JJ Act also allows the adoption of same-sex children — parents of a biological or adopted child can adopt another child of the same sex. A database of children and registration of prospective parents is done on a centralised …

Why are adoption rates so low in India where thousands of children live in child care institutions?
3 years ago

Why are adoption rates so low in India where thousands of children live in child care institutions?

The Hindu  

In the summer of 2019, Vinay Raj* and his wife Kanika gathered their family and friends to announce the most important decision they had made in their eight years of marriage: they were going to adopt a baby girl. Reforms needed In October last year, a group of over 300 prospective adoptive parents and adoptive parents wrote to the Minister …

Delhi High Court Seeks CARA's Response On Framework For Facilitating Adoptions Of Children Orphaned During COVID-19
3 years, 1 month ago

Delhi High Court Seeks CARA's Response On Framework For Facilitating Adoptions Of Children Orphaned During COVID-19

Live Law  

The Delhi High Court has sought response of the Central Adoption Resource Authority on the framework for facilitating adoptions in case of children who have been orphaned during the COVID 19 pandemic. "Let CARA file a status report as to the details of the framework which has been put in place for facilitating adoptions, especially in the case of children …

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court
3 years, 2 months ago

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court

Live Law  

The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption.After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. The Kerala High Court has recently laid down that the Family Court with the …

'CARA Extremely Callous In Complying With Court's Directions, Unnecessarily Harassing Adoptive Parents': Delhi HC Summons CEO, Member Secretary
3 years, 4 months ago

'CARA Extremely Callous In Complying With Court's Directions, Unnecessarily Harassing Adoptive Parents': Delhi HC Summons CEO, Member Secretary

Live Law  

The Delhi High Court has observed that the Central Adoption Resource Authority has been extremely callous in its approach towards compliance of a judicial order, requiring the authority to frame guidelines for inter-country adoptions under Hindu Adoptions & Maintenance Act.It further noted that the authority had been unnecessarily harassing the Petitioners, who are. The Delhi High Court has observed that …

Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption
3 years, 7 months ago

Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption

Live Law  

The Delhi High Court has issued notice on a writ petition filed by an OCI couple, stating that despite having registered with CARA for adoption of a child in 2018, they have not received any referral till date; whereas applicants who registered subsequently have already received referrals.The Petitioners apprehend that CARA is not following. The Delhi High Court has issued …

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court
3 years, 9 months ago

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court

India Today  

The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives. The Yawatmal lower court had rejected their plea under the provisions …

Indian Adoption Laws: Endless Wait For Children Orphaned During Pandemic
3 years, 9 months ago

Indian Adoption Laws: Endless Wait For Children Orphaned During Pandemic

Live Law  

The COVID 19 has given birth to the issue of legal adoption of the large number of children orphaned due to the pandemic, and protection of such orphaned and/or abandoned children from child trafficking and flesh trade. The upper age limit of a child to be adopted under the Hindu Adoptions and Maintenance Act, 1956 is 15 years, and under …

Adoption authority gets HC notice on plea
3 years, 11 months ago

Adoption authority gets HC notice on plea

The Hindu  

The Delhi High Court has issued notice to the Central Adoption Resource Authority on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate to adopt a child born to Christian parents. “The present petition raises an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
4 years ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA
4 years ago

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA

Live Law  

The Delhi High Court has granted protection to a US-based Indian Christian couple, apprehending legal action for adopting a child in India in the year 2014, under the Hindu Adoptions and Maintenance Act, 1956. A Single Bench of Justice Pratibha M. Singh noted that prior to coming into effect of the Juvenile Justice Model Rules in 2016, there was no …

'Adoption Regulations Discriminatory For Not Recognising Christian Personal Law', Plea In Jharkhand HC Challenges Section 56(3) JJ Act [Read Petition]
6 years, 2 months ago

'Adoption Regulations Discriminatory For Not Recognising Christian Personal Law', Plea In Jharkhand HC Challenges Section 56(3) JJ Act [Read Petition]

Live Law  

A couple, who claims to have adopted a child as per Christian personal law, has approached the Jharkhand High Court challenging Section 56 of the Juvenile Justice Act 2015 and certain provisions of the Adoption Regulations 2017 as arbitrary and discriminatory.On January 11, the DB of Chief Justice Aniruddha Bose and Justice H C Mishra issued notice to Attorney General …

Allahabad HC Allows Woman’s Plea To Give Her Child In Adoption To Her New Husband [Read Judgment]
7 years, 5 months ago

Allahabad HC Allows Woman’s Plea To Give Her Child In Adoption To Her New Husband [Read Judgment]

Live Law  

Renunciation of the child by a parent can be taken into consideration while determining whether the power to give in adoption has been delegated or to determine the consent to giving in adoption, the court observed.The Allahabad High Court, while expressing its concurrence with the Delhi High Court’s view taken in a matter relating to adoption laws, observed that though …

Stringent new adoption laws aim to eliminate babies' commodification, but are all parents happy?
7 years, 10 months ago

Stringent new adoption laws aim to eliminate babies' commodification, but are all parents happy?

Firstpost  

Parents will be shown only one child. So it isn’t surprising that Vinita is enthusiastic about the Central Adoption Resource Authority’s new rule for prospective adoptive parents. And it’s an extremely long waiting list — there are around 15,000 prospective parents in India and only 1,800-2,000 children up for adoption. “Now, when the parent has just one option and a …

102 ‘adopted’ Bihar kids await court nod to go home
8 years ago

102 ‘adopted’ Bihar kids await court nod to go home

Hindustan Times  

Months after their adoption process was okayed at the level of adoption agencies, over a hundred children in Bihar are still waiting to be transferred to their foster homes, thanks to a legal technicality that should have already been addressed long ago. Such children are unable to unite and settle down with their foster families, based in other states in …

New Adoption Regulations Will Be Effective From Tomorrow: Read Salient Features
8 years, 2 months ago

New Adoption Regulations Will Be Effective From Tomorrow: Read Salient Features

Live Law  

The New Adoption Regulations, 2017 will be effective from 16 January 2017. The Regulations were framed by ‘Central Adoption Resource Authority’ as mandated under section 68 of Juvenile Justice Act, 2015Salient features of the Adoption Regulations, 2017:-a) Procedures related to adoption by relatives both within the country and abroad have. The Regulations were framed by ‘Central Adoption Resource Authority’ as …

CARA Helps ‘Hard-To-Place’ Kids Find a Home Through E-Commerce
8 years, 5 months ago

CARA Helps ‘Hard-To-Place’ Kids Find a Home Through E-Commerce

The Quint  

CARA differs with social workers who feel that the earlier system of matching the baby‘s physical appearance with the parents was a crucial area. A social worker says, “We were taught that it is important to try and see the child fits into a family, lookswise too. We are looking at the interest of the child.” Saroj Sood of Indian …

No Adoption to Foreign couples without NOC from CARA
8 years, 7 months ago

No Adoption to Foreign couples without NOC from CARA

Live Law  

The Ministry of Women and Child Development had issued the Model Guidelines for Foster Care, 2015 to be adopted/adapted by the States/UTs as per their requirement.Central Adoption Resource Authority has reported that the indulgence of adoption placement agencies in malpractices in offering children for adoption to foreign couples without the permission of their biological parent. Central Adoption Resource Authority has …

No Adoption to Foreign couples without NOC from CARA
8 years, 7 months ago

No Adoption to Foreign couples without NOC from CARA

Live Law  

The Ministry of Women and Child Development had issued the Model Guidelines for Foster Care, 2015 to be adopted/adapted by the States/UTs as per their requirement.Central Adoption Resource Authority has reported that the indulgence of adoption placement agencies in malpractices in offering children for adoption to foreign couples without the permission of their biological parent. Central Adoption Resource Authority has …

Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]
8 years, 8 months ago

Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]

Live Law  

Delay in adoption means that the minor has to live with uncertainty and insecurity, the Court observed.In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority to streamline and simplify the procedure for adoption under the Juvenile Justice Act, 2015. In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority to streamline …

Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]
8 years, 8 months ago

Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]

Live Law  

Delay in adoption means that the minor has to live with uncertainty and insecurity, the Court observed.In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority to streamline and simplify the procedure for adoption under the Juvenile Justice Act, 2015. In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority to streamline …

SC asks Centre, states to frame rules for intra and inter country adoption
9 years ago

SC asks Centre, states to frame rules for intra and inter country adoption

Live Law  

The Supreme Court today asked the Centre and states to frame rules, regulations and guidelines under the Juvenile Justice Act, 2015 to make inter and intra country adoptions more transparent.“The interest of children, whether it is intra-country or inter-country adoptions, has to be protected. The Supreme Court today asked the Centre and states to frame rules, regulations and guidelines under …

The process of adoption has to be transparent. It should ensure welfare of the child: SC
9 years ago

The process of adoption has to be transparent. It should ensure welfare of the child: SC

Firstpost  

The Supreme Court on Monday asked the Centre and states to frame requisite rules, regulations and guidelines under the new law to ensure welfare and interest of kids in case of their intra-country or inter-country adoption. New Delhi: The Supreme Court on Monday asked the Centre and states to frame requisite rules, regulations and guidelines under the new law to …

Adoption by couple with one foreign parent would be termed ‘in-country’; Bombay High Court lays down detailed guidelines
9 years, 8 months ago

Adoption by couple with one foreign parent would be termed ‘in-country’; Bombay High Court lays down detailed guidelines

Live Law  

In a landmark ruling, a Bombay High Court Bench comprising Justice V.M. Colabawalla has held that in cases where a married couple, of which one is an Indian and the other is a foreign national, desires to adopt a child, the adoption will be treated as an in-country adoption and not a foreign adoption.The Court was hearing a petition filed …

Adoption by couple with one foreign parent would be termed ‘in-country’; Bombay High Court lays down detailed guidelines
9 years, 8 months ago

Adoption by couple with one foreign parent would be termed ‘in-country’; Bombay High Court lays down detailed guidelines

Live Law  

In a landmark ruling, a Bombay High Court Bench comprising Justice V.M. Colabawalla has held that in cases where a married couple, of which one is an Indian and the other is a foreign national, desires to adopt a child, the adoption will be treated as an in-country adoption and not a foreign adoption.The Court was hearing a petition filed …

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court
11 years ago

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court

Live Law  

The Bombay High Court has granted custody of a boy child to his father holding that a father is the natural guardian of his child.A Bench comprising Justices P V Hardas and A S Gadkari was hearing a Writ Petition filed by Amol Pawar, seeking custody of his two and a half year son who was being looked after by …

Supreme Court notice to Centre, CARA on plea to review adoption policy
13 years, 11 months ago

Supreme Court notice to Centre, CARA on plea to review adoption policy

The Hindu  

The Supreme Court has issued notice to the Central Adoption Resource Authority and the Union government on a petition to review the adoption regime in the country, with a particular reference to the status and functioning of the CARA and procedural hindrances. Shockingly, as per official statistics from what is termed a ‘young nation,' the number of these children that …

Discover Related