LEGALITIES AND CHALLENGES OF ADOPTION IN INDIA

Authors

  • Dr. Hiren B Patel Assistant Professor Maneklal Nanavati Law College, Ahmedabad

Keywords:

Adoption, Legal, Child, Guardian

Abstract

The focus of this study is on a complete analysis of Indian adoption law and how adoption laws around the world have little impact on Indian adoption law. Adoption has been practised for many decades, although it was only legalised in the nineteenth century. In India, there are many different religions, yet there is no single adoption law that applies to all of them. In India, the Hindu Adoption and Maintenance Act, 1956, is the only personal law that governs adoption. Because Indian religions such as Muslims, Christians, Jews, and Parsis lack their own personal legislation governing adoption, they are unable to adopt a child and give him or her their family name. Under the Guardians and Wards Act of 1890, they can only become the child's guardian. The Hindu Adoption and Maintenance Act of 1956 is followed by Hindus, Sikhs, Buddhists, and Jains. The Indian government attempted to create a national adoption law, but it proved unsuccessful. This article focuses on the adoption laws that govern adoption in India, as well as the need for a standard civil code in the domain of adoption.

References

I. Bachman, Gretchen, Samir Bhatt, (2021). “Global minimum estimates of children affected by COVID-19-associated orphanhood and deaths of caregivers: a modelling study.” The Lancet 398(10298): 391-402.

II. Bagchi, Shrabonti. (2019). “The returned.” LiveMint, 28 September 2019.

III. Bajpai, Asha. (2017). Child Rights in India: Law, Policy, and Practice. New Delhi, India: Oxford University Press.

IV. Bhandare, Namita. (2018). “India’s Children in Crisis With Epidemic of Abuse in Institutions”. The Quint, 29 September 2018.

V. Chandra, Jagriti. (2018). “Indians averse to adopting children with special needs”. The Hindu, 8 April 2018.

VI. Kalra, Shreya. (2018). “The Reasons for Low Levels of Adoption in India Are Manifold”. The Wire, 29 October 2018.

VII. Khan, Fatima. (2019). “Why Indian parents have returned 278 of 6,650 adopted children in 2017-19”. The Print, 12 November 2019.

VIII. Kumar, Avinash. (2013). Us: Understanding and Enabling Adoption. Kolkata, India: Power Publishers.

IX. Mandhani, Apoorva. (2021). “Gay marriage not a fundamental right, wedding a bond between man, woman — Centre to Delhi HC”. The Print, 25 February 2021.

X. Mehta, Tarini. (2021). “Where are India’s queer parents? Having a family is not even an option for many Indians”. The Print, 21 February 2021.

XI. Ministry of Women and Child Development. (2020). “Lok Sabha Unstarred Question No. 2721.”

XII. Muringatheri, Mini. (2020). “Transgenders raise the adoption question”. The Hindu, 5 January 2020.

XIII. Pandit, Ambika. (2020a). “Meet looks at ways to boost chances of over 1,400 children with special needs waiting to be adopted”. The Times of India, 14 January 2020.

XIV. Pandit, Ambika. (2020b). “Why the wait to adopt a child could get longer”. The Times of India, 12 March 2020.

XV. Press Trust of India. (2018). “Baby-selling racket in Ranchi: Missionaries of Charity says action being taken to ascertain truth”. Firstpost, 12 July 2018.

XVI. Rao, Sunitha. (2019). “4% of adopted kids sent back”. The Times of India, 27

XVII. Sodha, Vijaysingh. (2018). “Adoption Rights and Islamic Jurisprudence.” International Journal of Research and Analytical Reviews 5(4): 2-3.

XVIII. Srivastava, Roli. (2016). “Rise in baby trafficking in India cuts adoption numbers and fuels trade”. Reuters, 28 December 2016.

XIX. The Wire Staff. (2021). “More Than 3,500 Children Orphaned, Over 26,000 Lost a Parent Since April 2020: NCPCR”. The Wire, 8 June 2021.

XX. Yeh, Ray, Desmond Ng, and Sumithra Prasanna. (2020). “Lies, greed and heartbreak: How orphans are ‘made’ for the adoption industry”. Channel News Asia,

Additional Files

Published

15-10-2019

How to Cite

Dr. Hiren B Patel. (2019). LEGALITIES AND CHALLENGES OF ADOPTION IN INDIA. International Education and Research Journal (IERJ), 5(10). Retrieved from https://ierj.in/journal/index.php/ierj/article/view/1906