“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters
1 year, 6 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 district magistrate, the HC said that all those papers should be transferred back to the civil court. In January, the Bombay High Court had granted an interim stay on transfer of pending adoption matters from a Court to the District Magistrates and directed courts to continue adjudicating such cases. The High Court said that till the petition in finally decided, civil courts could handle adoption matters.

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History of this topic

Bench sets aside order on adoption of children in Telangana
3 weeks, 2 days ago

Bench sets aside order on adoption of children in Telangana

New Indian Express  

HYDERABAD: The Telangana High Court has set aside a single judge’s order in a batch of writ petitions concerning the custody and adoption of minor children under the Juvenile Justice Act, 2015. A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao emphasised that the statutory provisions under Sections 36, 37, and 38 of the 2015 Act — …

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country
8 months, 3 weeks ago

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country

Live Law  

The Karnataka High Court has directed the Central Adoption Resource Authority to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice Act, 2015 and the Adoption Regulations …

All about CARA, India’s adoption regulation body | Explained
1 year, 1 month 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, 1 month 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 …

"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples
1 year, 2 months ago

"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples

Live Law  

The Supreme Court on Friday, raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra during the hearing of a Public Interest Litigation seeking the simplification of. The …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 4 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 4 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 …

Now, adopting a child becomes easier in Chandigarh
1 year, 6 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 …

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
1 year, 7 months ago

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court

Live Law  

Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed. A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage. “They …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 7 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates, Asks Single Judge To Continue Hearing Matters
1 year, 11 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 …

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities
2 years ago

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities

Live Law  

Paving way for an inter country adoption by a foreign couple, the Delhi High Court on Friday directed the authorities to expeditiously conclude all legal formalities relating to adoption of a minor child with special needs, who was found abandoned in October 2019 in a cremation ground. The bench observed that undisputedly no reservation came to be made by a …

1,000 adoptions pending, but new rule sows confusion
2 years, 3 months ago

1,000 adoptions pending, but new rule sows confusion

The Hindu  

There is confusion over implementation of new adoption rules that require transfer of adoption petitions from courts to District Magistrates, and parents, adoption agencies and activists are worried that this could lead to further delays in a long and arduous procedure. The following month she brought home the girl under pre-adoption foster care pending a formal adoption order from the …

'Young Couples Can't Be Made To Wait 3-4 Years To Adopt': Supreme Court Asks Centre To Simplify Adoption Process
2 years, 3 months ago

'Young Couples Can't Be Made To Wait 3-4 Years To Adopt': Supreme Court Asks Centre To Simplify Adoption Process

Live Law  

The Supreme Court on Friday highlighted that asking young couples made to wait three to four to adopt a child is not correct and that the adoption process in India needs a reconsideration. While considering a plea moved by a society, the Temple of Healing seeking to simplify the adoption process in India, Justices DY Chandrachud, AS Bopanna and JB …

Explained | What are adoption rules in India
2 years, 8 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?
2 years, 9 months 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
2 years, 10 months 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
2 years, 11 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 …

What the Kerala adoption row says about gaps in the system
3 years, 1 month ago

What the Kerala adoption row says about gaps in the system

Live Mint  

Over the past few weeks, an unusual case has been playing out in the Kerala courts—Anupama Chandran, the daughter of a local CPIM leader in Thiruvananthapuram, has alleged that her parents put up her child, born in October 2020, for adoption without her consent. In earlier years, when I started out as a reporter, many orphanages and nursing homes “gave …

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision
3 years, 1 month ago

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision

Deccan Chronicle  

Kochi: The Kerala High Court on Wednesday postponed to November 8 the habeas corpus plea moved by Anupama S Chandran, daughter of a CPI local committee member, to get back her baby who had been put up for adoption by her parents last year without her knowledge. The high court had also said that a family court was seized of …

Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption
3 years, 4 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, 5 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, 6 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 …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 8 months 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
3 years, 9 months 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 …

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court
3 years, 9 months ago

Wife's Silence Cannot Give Rise To An Inference That She Had Consented For Purpose Of Adoption U/S 7 Of Hindu Adoption & Maintenance Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that a wife's silence or lack of protest at the time of adoption by her husband cannot give rise to an inference that she has consented to such adoption under Section 7 of the Hindu Adoption & Maintenance Act, 1956. The concerned authority had rejected the adoption deed relied by the Appellant on the …

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