What is Adoption ?

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 MEANING & CONCEPT 

In the absence of own child, adopting another's child as own son and daughter with full legal rights and responsibility is called adoption.

Adoption refers to the legal process through which an individual or couples becomes the legal parents of a child who is not their biological offspring. The adoption process permanently transfers all rights and responsibilities from legal guardians to the adoptive parents. Adoption can involve infants, older children or even adults.




Adoption is when ?

When someone legally becomes the parent of a child who isn't biologically their parents and the rights of biological parents get permanently terminated after the adoptive parents take over all responsibilities.

 In Hindus Law,

 Manu Says; When the natural father and mother give the wholeheartedly their son with the offerings of water to another person of Shame caste is adoption, it is also called Dattak.


Definition

According to Concise Dictionary ;

"The process by which a parent's legal rights and duties in respect of an unmarried minor are transferred to another person or persons".

  

According to Cambridge DIctionary ;

" Adoption is the act of legally taking a child to be taken care of as your own''.


According to Curzon(George Nathaniel Curzon);

Adoption involves the termination of child's legal right and duties toward his national parents and substitution of similar rights and duties towards his adoptive parents. It necessitates a more sanctioned by law,and in accordance with statute from one family to another the adopted person has the same rights and duties as a natural son".


According to Section-2(Y) of Interpretation of Law Act,2010

(Y)"Son shall include an adopted son in the case of anyone who is permitted for adoption".

(Y1)"Daughter shall include an adopted daughter in the case of anyone who is permitted for adoption".

A person who accepts the son or daughter of another person as his own son or daughter shall be considered as an adopted Son or daughter."


Legal Provision 

National Civil Code, 2074

Part -3, Chapter -8

 Section-169 to 187


Section-169:To be deemed adopted son or adopted daughter

- If a person accepts a son or daughter of another person as his or her son or daughter, such a son or a daughter shall be deemed to be an adopted son or daughter.


Section-171:Prohibition on adoption by person having child

 (1) No person having his or her own son shall adopt a son and no person having his or her own daughter shall adopt a daughter pursuant to this Chapter. 

(2) Notwithstanding anything contained in sub-section (1), if a son or daughter does not live with a man or woman who is living separately by the reason of judicial separation, such a man or a woman may adopt a son or a daughter. 

Explanation: For the purposes of this Chapter and Chapter-9 of this Part, the term "judicial separation" means a circumstance where a person obtains partition in property according to the order of the court or lives separately according to law or lives separately after separation of bread and board from other coparceners. 

(3) Notwithstanding anything contained in sub-section (1) or (2), if a person who has a biological son or daughter makes a petition in the concerned court for the adoption of another child,disclosing therein his or her financial capacity to make arrangements for the maintenance, health care, education and care 

of the child, and if, upon inquiring into such a petition, it appears that the petitioner has such status, the court may grant permission to 

him or her to adopt such child.


Types Of Adoption 

1)Domestic adoption 

2) International adoption 

3) Foster care adoption 

4)Step parent adoption 

5) Relative adoption

6) Open adoption 

7) Closed adoption


Thank You !!!



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