Section 33 in Juvenile Justice (Care and Protection of Children) Orissa Rules, 2002
33. Adoption.
(1)Since the family is the best option to provide care and protection for children, adoption should 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 the Central Adoption Resources Agency (CARA) and Supreme Court judgements issued from time to time shall apply.(3)Government shall recognize children's homes or State run Government homes as adoption agencies for in-country adoption.(4)In the case of Inter-country adoption the procedure laid down by the CARA shall apply.(5)The scrutiny shall however be done independently by a recognized agency recognized for this purpose. The scrutinizing agency will examine all available information and verify the background of the child before making a recommendation to the Board for adoption of the child.(6)Any child eligible for adoption, residing in unrecognised homes, for the purpose of adoption, should be transferred to a recognised home.(7)An abandoned child can be given in adoption only when the Child Welfare Committee declares such a child to be legally free for adoption. An abandoned child shall be legally free for adoption when such an order is signed by at least two members of the Child Welfare Committee.(8)Before declaring the child as abandoned and certifying him/her as legally free for adoption, the Child Welfare Committee shall institute a due process of enquiry which shall include-(a)A thorough enquiry by the probation officer/case workers/police, as the case may be, will be 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, TV and Radio announcement ana after awaiting for a period of one month. This 1 month will run concurrently to the inquiry to be conducted and report to be given as mentioned under clause (a) above.(c)The Child Welfare Committee shall make a release order declaring the child legally free for adoption within the period of 6 weeks from the date of application in the case of children below the age of 2 years and 3 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 his/her consent.(9)Role of licensed/recognized Government and non-Government agencies for adoption-(a)In the case of an abandoned child the recognized agency shall, within 48 hours, report to the Child Welfare Committee along with 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 abandonment of children, for the purpose of adoption within a period of two months for placing application before the Committee for declaring the child legally free for adoption.(c)In case of a child surrendered by her/his biological parent/parents by executing a document of surrender as prescribed, the adoption agency shall make an application directly to the Juvenile Justice Board for giving the child in adoption. However, the adoption agencies shall wait for completion of two moths reconsideration time given to the biological parent/parents. However, efforts may be made for counselling the parents so as to persuade them to retain the child. If parents still are unwilling to retain then such children should be kept initially in foster care or arrange for their sponsorship.(d)In case of a surrendered/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 Juvenile Justice Board within one week on its placement pending the final order.(10)Role of Juvenile Justice Board :(a)After receiving an application from a recognized agency for adoption, the Board shall call for independent enquiry by recognized scrutiny agency. The scrutiny report shall be submitted within a period of two weeks.(b)The Board shall undertake a process of enquiry which will include interviewing the prospective parents, verifying the documents and scrutiny reports. If the Board is satisfied that the placement is in the best interest of the child, it will pass a final order giving permanent custody to the adoptive parent/parents. An order of adoption shall be signed by the Principal Magistrate in presence of one of the two members of the Board.(c)The Board shall 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.(d)As far as possible the time taken for passing an adoption order shall not exceed two months from the date of filing. The order shall also include provision for a periodic follow up report either by the probation officer/case worker or adoption agency to ensure the well being of the child. The period of such follow up shall be three years, six monthly in the first year and annually for the subsequent two years.
