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Adoption Process and Legal Aspects

The document discusses child adoption including the process of adoption, reasons for adoption, benefits and challenges of adoption, and different types of adoption. It also covers laws related to adoption in India such as the Hindu Adoption and Maintenance Act and the Guardians and Wards Act.

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Neha Purohit
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0% found this document useful (0 votes)
82 views10 pages

Adoption Process and Legal Aspects

The document discusses child adoption including the process of adoption, reasons for adoption, benefits and challenges of adoption, and different types of adoption. It also covers laws related to adoption in India such as the Hindu Adoption and Maintenance Act and the Guardians and Wards Act.

Uploaded by

Neha Purohit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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PRESENTED BY:

MS. NEHA PUROHIT


CHILD ADAPTATION
• Adaptation: Adoption is a legal process by which a
couple take their responsibility to raise a child who is
not biologically related to them as their own.
• An adoption creates a permanent legal relationship
between the adoptive parents and the child. When any
one adopts a child the legal rights of the real parent of
the child get transferred to the above person.
• Additionally, the adopted child has the same rights as
any biological child of that particular person who
adopted.
REASON FOR ADOPTION
 Childless couples.
 Untimely death of a child.
 Couples wanting a child of the opposite sex.
 Couples adopt baby out of genuine love for children
whether they have their own children
 People who suffer from genetic diseases and choose not
to have children of their own.
BENEFITS OF ADOPTION
• Adopting a child can bring untold joys and happiness to
the family.
• One can make big difference to an orphaned child’s life.
• The child gets parents, family, security, love and
happiness.
NEGATIVE ASPECTS OF ADOPTION
• Adoption is often considered as a taboo in society.
• It is often a tiring and time-consuming process.
• Adopted child may want to know about real parents
once he or she grows up.
• Fear of how relatives would treat the adopted child.
• Fear whether society will accept the adopted child.
• Troubling doubts as to when or whether to tell to the
child that he or she was adopted.
TYPES OF ADOPTION
• There are three types of adoption:
(i) Closed adoption: In this type of adoption, child’s real
parents and adoptive parents do not meet. The
birthmothers give off their babies to an adoption agency.
• No further information other than the medical history of
the birth mother is shared with adoptive family.
(ii) Semi-open adoption: Birth mother are given the option
to choose potential adoptive parent.
(iii) Open adoption: Both the parents and adoptive parents
share contact information about each other. Once the
adoption process is completed, it is their personal choice,
whether to be in touch with one another or not.
LAWS RELATED TO ADAPTATION ARE

1. The Hindu adoption and Maintenance Act, 21st


December, 1956.

2. The Guardians and wards Act 1890.


1. The Hindu adoption and Maintenance Act
• (i) Who are valid for adoption:
• Any person who is a Hindu inclusive of Buddhism, Jainism
and Sikhism.
• The act also applies to the child whose biological parents is
not known or have abandons the child and has been brought
up as Hindi, Buddhist, Jain or Sikh.
• The Hindu female who is not a minor and not married but is
of sound mind can adopt.
• A Hindu male who is not a minor and is of sound mind can
adopt.
• The adoptive parents should not a have a child who has been
adopted or a child of their own or a grandchild at the time of
adoption,
2. The Guardians and Wards Act 1890:
• Under this act, people belonging to communities such
as Muslim, Christian, Parsi or Jews and who wish to
adopt can only take up “Guardianship” of the child.

• This child, like the biological child would not be


provided with the same status.
RULES AND REGULATION OF ADOPTION ACT

• A valid adoption cannot be changed or cancelled.


• All rights of the biological parents should be replaced to the
adoptive parents.
• A valid adoption is the one in which the person giving and
the person taking the child sign the Adoption documents.
• If the adopter and the adoptee of the opposite sex then the
age difference between them should be at least 21 years.
• Only the child’s parents or guardian can give the child in
adoption.
• Nobody should be awarded or paid in relation to adoption.

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