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Union of India - Section

Section 41 in The Juvenile Justice (Care and Protection of Children) Act, 2000

41. Adoption

(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 the children who are orphan, abandoned or surrendered through such mechanism as may be prescribed.
(3)In keeping with the provisions of the various guidelines for adoption issued from time to time, by the State Government, or the Central Adoption Resource Agency and notified by the Central Government, children may be given in adoption by a Court after satisfying itself regarding the investigations having been carried out, as are required for giving such children in adoption.
(4)The State Government shall recognise one or more of its institutions or voluntary organisations in each district as specialised adoption agencies in such manner as may be prescribed for the placement of orphan, abandoned or surrendered children for adoption in accordance with the guidelines notified under sub-section (3):Provided that the children's homes and the institutions run by the State Government or a voluntary organisation for children in need of care and protection, who are orphan, abandoned or surrendered, shall ensure that these children are declared free for adoption by the Committee and all such cases shall be referred to the adoption agency in that district for placement of such children in adoption in accordance with the guidelines notified under sub-section (3). ] [ Sub-Sections (2), (3) and (4) substituted by Act 33 of 2006, Section 21, (w.e.f. 22-8-2006).]
(5)No child shall be offered for adoption
(a)until two members of the Committee declare the child legally free for placement in the case of abandoned children,
(b)till the two months period for reconsideration by the parent is over in the case of surrendered children, and
(c)without his consent in the case of a child who can understand and express his consent.
(6)[ The Court may allow a child to be given in adoption
(a)to a person irrespective of marital status; or
(b)to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or
(c)to childless couples. ]
[Substituted by Act 33 of 2006, Section 21 (ii) (w.e.f 22-8-2006). ]
Prior to their substitution,Sub-sections (2), (3) and (4) read as under:-"(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 recognized as an adopting agencies both for scrutiny and placement of such children fro adoption in accordance with the guidelines issued under sub-section (3)."Prior to its substitution, sub-section (6) read as under:-"(6) The Board may allow a child to be given in adoption-(a) to a single parent, and(b) to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters.".