REPORT BY THE SUB-COMMITTEE ON UNCRC 49 all such orders and provisions with respect to regulations framed by the Authority. the custody, maintenance and education of such (3) Nothing in this Act shall apply to the adoption Indian prospective adoptive parents living in India. children as might have been made by such decree of children made under the provisions of the Hindu (1) Indian prospective adoptive parents living in or interim orders in case the proceedings for Adoption and Maintenance Act, 1956 (78 of 1956). India, irrespective of their religion, if interested to obtaining such decree were still pending, and the (4) All inter-country adoptions shall be done only adopt an orphan or abandoned or surrendered Court may also from time to time revoke, suspend as per the provisions of this Act and the adoption child, may apply for the same to a Specialised or vary any such orders and provisions previously regulations framed by the Authority. Adoption Agency, in the manner as provided in the made. (5) Any person, who takes or sends a child to a adoption regulations framed by the Authority. foreign country or takes part in any arrangement (2) The Specialised Adoption Agency shall prepare The Maternity Benefit Amendment Act, 2017 has Section 58 of JJ Act,2015: Procedure for adoption by for transferring the care and custody of a child to the home study report of the prospective adoptive increased the duration of paid maternity leave another person in a foreign country without a valid parents and upon finding them eligible, will refer available for women employees from the existing order from the Court, shall be punishable as per the a child declared legally free for adoption to them 12 weeks to 26 weeks. Under the Maternity Benefit provisions of section 80. along with the child study report and medical 17 Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before report of the child, in the manner as provided in the Section 57 of JJ Act,2015: Eligibility of prospective adoption regulations framed by the Authority. the expected delivery date and remaining 18 weeks adoptive parents. (3) On the receipt of the acceptance of the child can be availed post childbirth. For women who are (1) The prospective adoptive parents shall be from the prospective adoptive parents along expecting after having 2 children, the duration of physically fit, financially sound, mentally alert and with the child study report and medical report of paid maternity leave shall be 12 weeks (i.e., 6 weeks highly motivated to adopt a child for providing a the child signed by such parents, the Specialised pre and 6 weeks post expected date of delivery) good upbringing to him. Adoption Agency shall give the child in pre- (2) In case of a couple, the consent of both the adoption foster care and file an application in Section 56 of JJ Act,2015: (1) Adoption shall be spouses for the adoption shall be required. the court for obtaining the adoption order, in the resorted to for ensuring right to family for the (3) A single or divorced person can also adopt, manner as provided in the adoption regulations orphan, abandoned and surrendered children, subject to fulfilment of the criteria and in framed by the Authority. as per the provisions of this Act, the rules made accordance with the provisions of adoption (4) On the receipt of a certified copy of the court thereunder and the adoption regulations framed by regulations framed by the Authority. order, the Specialised Adoption Agency shall send the Authority. (4) A single male is not eligible to adopt a girl child. immediately the same to the prospective adoptive (2) Adoption of a child from a relative by another (5) Any other criteria that may be specified in the parents. relative, irrespective of their religion, can be made adoption regulations framed by the Authority. 18 as per the provisions of this Act and the adoption Section 60 of JJ Act,2015: Procedure for inter-country