ADOPTION LAWS: CHALLENGES CONCERNING PROCEDURE FROM HUMAN RIGHTS PERSPECTIVE 1.2 From Parent-Centric Adoptions to Child’s Welfare The legislative adoption is an advancement in the customary adoption. For providing a more secular way for people belonging to other religions and communities to enjoy parenthood, the Guardian and Ward Act, 1890, was enacted for the appointment of a guardian to a child, irrespective of religion and nationality. But in real sense, the jurisprudential aspect of adoption in India started changing over the period and was streamlined with the introduction of Hindu Adoption and Maintenance Act, 1956. The object of the State to legislate on customary adoption is to ensure paramount welfare of the child adopted, while the purpose of the customary adoption was all about the son-ship and spiritual benefits. It laid down that only Hindu parents or guardians can give or take a Hindu child in adoption. The adoption now can be made by a widow in her own right. The physical act of giving and receiving of the son or daughter is absolutely made necessary as a condition to valid adoption to ensure that there shall not be sale and purchase of child. Mere expression of consent, or the execution of a deed of adoption through registration, but not accompanied by the actual physical delivery of the adopted child does not constitute a valid adoption. The effects and results of adoption are notable. An adopted child is deemed to be a biological one for all purposes with effect from the day of adoption, and from such day, all the ties of the adopted child are severed from the family of his or her birth and the same are replaced in the adoptive family.16 Though provided for everything, but not much was done for the larger interest of the children, especially the abandoned or destitute and the bar of religion has actually made it a vehicle to steer the desire of Hindu parents for a child. Later, a change in attitude was seen across the globe with recognition of adoption of unknown children, who may be an orphan, surrendered or institutionalised child. Now, the States have moved from principle of patria potestas to paramount welfare of children, and policies have been made to ensure rehabilitation of such children who have no home or families. However, to protect such vulnerable children from further hardships and exploitation at the hands of adoption or social agencies working for their welfare, the Hon’ble High Court in St. Theresa’s Tender Loving Care Home & Ors. v. State of Andhra Pradesh,17 has laid down that a child is a precious gift and merely because he or she, for various reasons, has been abandoned by the parents should 16 17 Gopalchandra Sarkar, The Hindu Law of Adoption, General Books, 185 (2013) (2005)8 SCC 525 75