ADOPTION CAN’T BE RESTRICTED TO THOSE IN NEED OF CARE
The Nagpur bench of Bombay High Court quashed the Yavatmal District court’s order on the ground that adoption cannot be restricted to orphaned, abandoned and surrendered children, those in conflict with the law or ones in need of care and protection.
In the present case the High Court partly allowed a revision application was filed by the biological and adoptive parents of a girl against the order of the District Court which held that the provisions of Juvenile Justice Act 2015 were not applicable since the child was not orphaned, abandoned or surrendered or in conflict with the law and in need of care and protection.
The High Court pointed out to Chapter VIII of Juvenile Justice Act 2015 and also stated section 2(3) which defines ‘Adoption Regulation’, section 2(12) which defines ‘Child’. Furthermore the court also mentioned section 2(52) which defines ‘Relative’ and section 2(57) which defines ‘Specialized Adoption Agency’ to contend that there has been a conscious departure from Juvenile Justice Act 2000
Through this landmark judgement the High Court chiefly highlighted at the new provisions of Juvenile Justice Act 2015 which broadened the scope of the legislation and included in its fold specific procedure for adoption of children. The court thereby remarked that the new provisions also provide for and regulate adoption of children from relatives and step parents.
The High Court quashed the District court order which rejected the adopted plea. Justice Manish Pitale directed the District Court to hear the application on merit taking into consideration the new provisions of the legislation. The court ruled that a perusal of Juvenile Justice Act shows that an elaborate procedure is laid down for the adoption of a child by relatives, those who are specified under the enactment. The court further held that if the adoption was to be restrictively applicable to those in conflict with law or those in need of protection then such elaborate procedure of governing adoption by relatives or step – parents would not be provided.
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