Section 33 in Haryana Juvenile Justice (Care and Protection of Children) Rules, 2002
33. Adoption.
[Sections 41 and 68(2)(xviii)]. - (1) As the family is the best option, to provide care and protection for children, adoption shall be the first alternative for rehabilitation and social reintegration of children who are orphaned, abandoned, neglected and abused.(2)The guidelines on adoption, issued by a State Government under sub-section (3) of section 41 of the Act, the Supreme Court and the Central Adoption Resource Agency (CARA) from time to time, shall apply.(3)Children's homes or orphanages set up by State Government or Voluntary Organisations, shall be recognised by the State Government as adoption agencies for placement of such children for in-country adoption.(4)In the case of inter-country adoption, the procedure laid down by the Central Adoption Resource Agency shall apply.(5)The scrutiny shall be done independently by an agency recognized for this purpose.(6)The scrutinizing agency shall examine all available informations and verify background of the child before making a recommendation to the Board for adoption of the child.(7)Any child, who is eligible for adoption and residing in an unrecognized home, shall, for the purpose of adoption, be transferred to a recognized home.(8)An abandoned child can be given in adoption only when the Committee declares such a child to be legally free for adoption and an order to that effect is signed by at least two members of the Committee.(9)Before declaring the child as abandoned and certifying him as legally free for adoption, the Committee shall institute a process of enquiry, which shall include :-(a)a thorough enquiry by the probation officer or case workers or police, as the case may be, and a report containing findings submitted 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, Television and Radio announcement and after waiting for a period of one month, the time shall run concurrently to the inquiry to be conducted and report submitted under clause (a) of this sub-rule;(c)a release order made by the Committee 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 who can understand and express his opinion, shall be placed in adoption without his consent.(10)(a)In the case of an abandoned child the recognized agency shall within forty-eight hours report to the Committee alongwith the copy of the report filed with the police station in whose jurisdiction the child was found abandoned.(b)The adoption agency may initiate the process of clearance at the earliest, in the case of abandoned children, for the purpose of adoption within a period of two months and for placing application before the Committee for declaring the child legally free for adoption.(c)In case of a child surrendered by his biological parent or parents by executing a document of surrender, the adoption agency shall make an application directly to the Board for giving the child in adoption.(d)The adoption agencies shall wait for completion of two months reconsideration time given to the biological parent or parents.(e)Serious efforts shall be made for counselling the parents, so as to persuade them to retain the child and if, the parents are still unwilling to retain, then, such children shall be kept initially in foster care or arranged for their sponsorship.(f)In the case of a surrendered or abandoned child who is legally free for adoption, the licensed agency shall have discretion to place the child in pre-adoption foster care under intimation to the Board, within one week of its placement pending the final order.(11)(a)After receiving an application from a recognized agency for adoption, the Board shall call for an independent enquiry by a recognized scrutiny agency, which shall submit its report within a period of two weeks.(b)The Board shall undertake a process of enquiry which shall include interviewing the prospective parents, verifying the documents and scrutiny reports.(c)If the Board is satisfied that the placement is in the best interest of the child, it shall pass a final order giving permanent custody of the child to the adoptive parent or parents.(d)The order of adoption shall be signed by the principal Magistrate besides at least one of the two members of the Board.(e)The Board shall determine and fix the date of birth, in the best interest of the child and shall pass order to the appropriate authority to issue a regular birth certificate for the child giving the name(s) of the adoptive parent(s) as if in the case of natural born children.(f)As far as practicable, the time taken for passing and adoption order, shall not exceed two months from the date of filing of application.(g)The order shall also include provision for a periodic follow up report either by the probation officer or case worker or adoption agency to ensure the well being of the child and the period of such follow up shall be three years, six monthly in the first year and annually for the subsequent two years.
