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Community Health Nursing II: Child Adoption Act.pptx
- 2. Community Health NursingII: Child Adoption ACT
- 3. INTRODUCTION Adoption is alegal process by which a child is placed with a married couple or a single female who agrees to raise the child as their own and assume all responsibilities for the child.
- 4. DEFINITION Adoption is thecreation of a new permanent relationship between an adoptive parent and child and the child takes the place of a biological child to all intents and purpose.
- 5. Adoption of achild is governed by the following acts:
- 6. Criteria Of LegalAdoption Who can adopt Who can give child in adoption Eligibility of adoptive parent
- 7. Who can adopt Singlewoman (unmarried, widows, divorced) or married couple. They can be an Indian, non-resident Indian or foreign citizen.
- 8. Who can givechild in adoption • Parents/Guardian of child, both parents together, one of them if the other has renounced world or ceased to be Hindu or has become insane. • If both parents are dead or not competent in law or children parentage unknown then guardian can give child in adoption with permission of court.
- 9. Eligibility of adoptiveparent • Must be over 21 years. • Should have the financial ability to raise the child. • Adopted child not to be of the same sex as adoptive parent’s living child. • Cannot adopt more than one child of same sex.
- 10. Process of ADOPTION 01Registration 02 03 04 05 06 07 Home study and counseling Referral of the child Filing of petition Hearing Court order Follow up
- 11. 0 1 2 3 4 5 6 7 Registration 0 Registration to bedone with a recognized adoption coordinating agency and preparation of the documents to be submitted with the agency to get registered.
- 12. 1 2 3 4 5 6 7 0 Home Studyand counseling Home study at the parent/s residence to assess the couple’s parenting abilities, preparations on the issue of adoption. This is made into a report and is submitted to the honorable court.
- 13. 2 3 4 5 6 7 Referral of thechild 0 • The agency will disclose medical files, physical examination report and such information of the child. • On the parents’ acceptance of the same the agency will show the child physically. • The prospective parents have option to accept child or ask for another child.
- 14. 3 4 5 6 7 Filing of thepetition 0 • Documentations made by the parents to the agency and the child’s documents are sent for preparation of the petition. • Once the petition is ready the parents will be called at the court & sign the same in presence of the court officer.
- 15. 4 5 6 7 Hearing 0 The parents shouldattend the court hearing on camera along with the child if satisfied, the judicial officer will pass the order and mention the amount to be invested in the child’s name.
- 16. 5 6 7 Court order 0 • Oncethe amount is invested and the receipt is shown to the judge the order will be issued. • If under HAMA then a deed of adoption is prepared and the same needs to be registered with the local registrar office. *HAMA: Hindu Adoptions and Maintenance Act
- 17. 6 7 Follow -up 0 After the adoption the agency needs to submit follow-up reports to the court about the child’s welfare up to two years or more.
- 18.
- 19. Adoptions by ForeignNationals Procedure for Inter-country adoption The Supreme Court of India has laid down that every application from a foreigner deciding to adopt a child must be sponsored by a social or child welfare agency recognized or licensed by the government or a department of the foreign government sponsors such cases in the country in which the foreigner is resident.
- 20. • Married couplewith five years of a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the home study report. • Single person(never married, widowed, divorced) up to 45 yrs. can also adopt. • Age difference of the single adoptive parent and child should be 21 years or more. • A FPAP in no case should be less than 30 years or more than 55 years. Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP)
- 21. • The secondadoption from India will be considered only when the legal adoption of the first child is completed. • Same sex couples are not eligible to adopt. Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP)
- 22. Criteria for EligibleChildren 1. The child must feel legally free for adoption. 2. Clearance from ACA/State government is mandatory for all children. 3. Siblings/ twins /triplets cannot be separated except in exceptional cases. 4. Two unrelated children cannot be proposed to a foreign family at a time. 5. A child may as far as possible be placed in adoption before it reaches the age of 12. 6. The consent of the child has to be obtained wherever applicable.
- 23. Foreign Nationals livingin India • In case of foreigners who have been living in India for one year or more, an undertaking should be given by the concerned Embassy/High Commissioner that the child will be legally adopted in that country and also mention an agency/ organization who would send the progress reports and take care of the child in case of any disruption when the child is taken abroad. • However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due cause.
- 24. Rights of thechild taken abroad • When the court makes an order appointing adoptive parents as the Guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving state not later than two years from the date of the order. • The child would have all rights recognized under International laws.
- 25. Conclusion Adoption is alegal procedure which transfers the parental responsibility for the child to the adoptive parents. Child adoption in India presents a transformative opportunity to provide loving homes and brighter futures for countless children. By embracing and supporting ethical adoption practices, we can collectively ensure that every child experiences the nurturing and stability they deserve, ultimately fostering a more compassionate and inclusive society.
- 26. RECAP OF THISPresentation Introduction The Adoption Act Criteria of Legal Adoption Process of Adoption Adoption by Foreign Nationals • Procedure • Criteria for Foreign Perspective Adoption/ Adoptive Parent/s (FPAP) • Criteria for eligible Children • For Foreign nationals living in India • Rights of the child taken abroad
- 27. Bibliography Professor R.P.Saxena – Textbook of Community Health Nursing II for BSc Nursing Students 3rd Edition (Lotus Publishers) 2020 Page No.290-293. Kornitzer.M , Adoption and Family Life, Oxford Publishers 4th Edition 1968 Page No.112-115.
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