Subject : Adoption and Declaration details
Respected Sir,
Please give some information regarding Adoption and
Declaration details as per New JJ Act-15.
Yours truly,
M. Kishore Kumar,
Member, CWC-Prakasam District.
As per
Section 38 of Juvenile Justice Act – 2015.
Sub Section 1:
In case of orphan and abandoned child, the Committee shall make
all efforts for tracing the parents or guardians of the child and on completion
of such inquiry, if it is established that the child is either an orphan having
no one to take care, or abandoned, the Committee shall declare the child
legally free for adoption:
Provided that such declaration shall be made within a period of
two months from the date of production of the child, for children who are up to
two years of age and within four months for children above two years of age:
Provided further
that notwithstanding anything contained in this regard in any other law for the
time being in force, no first information report shall be registered against
any biological parent in the process of inquiry relating to an abandoned or
surrendered child under this Act.
Sub Section 2:
In
case of surrendered child, the institution where the child has been placed by
the Committee on an application for surrender, shall bring the case before the
Committee immediately on completion of the period specified in section 35, for
declaring the child legally free for adoption.
Sub Section 3:
Notwithstanding anything contained in any other law for the time
being in force, a child of a mentally retarded parents or a unwanted child of
victim of sexual assault, such child may be declared free for adoption by the
Committee, by following the procedure under this Act.
Sub Section 4:
The decision to declare an orphan, abandoned or surrendered child
as legally free for adoption shall be taken by at least three members of the
Committee.
Sub Section 5:
The Committee
shall inform the State Agency and the Authority regarding the number of
children declared as legally free for adoption and number of cases pending for
decision in the manner as may be prescribed, every month.
Thanking you...
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