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State of Andhra Pradesh - Section

Section 41 in Andhra Pradesh Juvenile Justice (Care and Protection of Children) Rules, 2003

41. Adoptions.

(1)Since the family is the best option to provide care and protection for children, adoption is an alternative for rehabilitation and social reintegration of children who are orphaned, abandoned, neglected and abused.Or
(2)An agency desiring to place children in adoption should have a certificate of recognition and licence from the Department of Women Development, and Child Welfare
(3)Any child eligible for adoption, residing in an unrecognised home, for the purpose of adoption, should be transferred to a recognised Home.
(4)If an abandoned child, is brought by any individual or authority the recognised agency shall, within 48 hours, report to the Child Welfare Committee, and the concerned Project Director Department of Women and Child Welfare Agency along with the copy of the report filed with the police station in whose jurisdiction the child was found abandoned.
(5)Before declaring the child as abandoned and certifying him/her as legally free for adoption, the Child Welfare Committee shall conduct due enquiry, including:
(a)A through enquiry by the Probation Officer/case workers/police, as the case may be, who will submit the report within a maximum period of one month;
(b)Declaration by the placement agency stating that there has been no claimant for the child even after making notification in at least one leading newspaper including a regional language newspaper, TV and Radio announcement and after waiting for a period of one month;
(c)The Child Welfare Committee shall make a release order declaring the child legally free for adoption within the period of six weeks from the date of application in the case of children below the age of two years and three months in the case of children above that age;
(d)No child above seven years who can understand and express her/ his opinion shall be placed in adoption without her/his consent.
(6)Inter-country adoption, i.e., the adoption of Indian children by foreign nationals, shall be permitted only as a means of last resort. However, this bar will not apply to the adoptions by persons of Indian Origin.
(7)The scrutiny, in case of inter-country adoptions, shall be done by the Scrutinising Committee. The Scrutinising Committee will examine all available information and verify the background of the child before making a recommendation to the Board for adoption of the child by a foreign national.
(8)The State Government shall appoint the Members of the Scrutinising Committee which shall consist of five Members comprising of one representative of the State Government from the Department of Women Development and Child Welfare, three persons who are actively involved in health/education/rights of women or children for at least five years and one Member of the State Legislature. The term of the Committee shall be three years. The appointment of a Member of the Scrutinising Committee may be terminated in the same manner as that of a Member of a Child Welfare Committee under Section 29(4) of the Act.
(9)The Scrutinising Committee shall perform the following functions regarding inter-country adoptions:
(a)Scrutinise the following documents: