JJA Section 41

The Juvenile Justice (Care and Protection of Children) Act

US
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JJAChapter IV

S. 41

Adoption

Description

  1. The primary responsibility for providing care and protection to children shall be that of his family.
  2. Adoption shall be resorted to for the rehabilitation of such children as are orphaned, abandoned, neglected and abused through institutional and non-institutional methods.
  3. In keeping with the provisions of the various guidelines for adoption issued from time to time by the State Government, the Board shall be empowered to give children in adoption and carry out such investigations as are required for giving children in adoption in accordance with the guidelines issued by the State Government from time to time in this regard.
  4. The children’s homes or the State Government run institutions for orphans shall be recognised as an adoption agencies both for scrutiny and placement of such children for adoption in accordance with the guidelines issued under sub-section (3).
  5. No child shall be offered for adoption-
    1. until two members of the Committee declare the child legally free for placement in the case of abandoned children,
    2. till the two months period for reconsideration by the parent is over in the case of surrendered children, and
    3. without his consent in the case of a child who can understand and express his consent.
  6. The Board may allow a child to be given in adoption-
    1. to a single parent, and
    2. to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters.
By Raman Devgan
Updated: 31 Oct 2022
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