REPORT BY THE SUB-COMMITTEE ON UNCRC 53 1. The prospective adoptive parents shall be Act,1956 physically fit, financially sound, mentally alert and Application of Act- (1) This Act applies:- highly motivated to adopt a child for providing a (a) to any person, who is a Hindu by religion in good upbringing to him. any of its forms or developments, including a 2. In case of a couple, the consent of both the Virashaiva, a Lingayat or a follower of the Brahmo, Capacity of a female Hindu to take in adoption- spouses for the adoption shall be required. Prarthana or Arya Samaj, Any female Hindu- (a) who is of sound mind, (b) 3. A single or divorced person can also adopt, (b) to any person who is a Buddhist, Jaina or Sikh who is not a minor, and (c) who is not married, or subject to fulfillment of the criteria and in by religion, and if married, whose marriage has been dissolved accordance with the provisions of adoption (c) to any other person who is not a Muslim, or whose husband is dead or has completely and regulations framed by the Authority. Christian, Parsi or Jew by religion unless it is finally renounced the world or has ceased to be a 4. A single male is not eligible to adopt a girl child. proved that any such person would not have been Hindu or has been declared by a court of competent 5. Any other criteria that may be specified in the governed by the Hindu law or by any custom or jurisdiction to be of unsound mind, has the capacity adoption regulations framed by the Authority. usage as part of that law in respect of any of the to take a son or daughter in adoption. preceding proviso. 31 Section 8of the Hindu Adoption and Maintenance Act,1956 matters dealt with herein if this Act had not been 28 Section 68 of JJ Act,2015: The Central passed. 32 Firstpost, Retrieved from https://www.firstpost. com/india/ncpcr-data-shows-over-1300-unregistered- Adoption Resource Agency existing before the Section 7of the Hindu Adoption and Maintenance commencement of this Act, shall be deemed to 30 have been constituted as the Central Adoption Act,1956 child-care-institutions-in-india-1165-alone-inkerala-4746071.html Resource Authority under this Act to perform the Capacity of a male Hindu to take in adoption- Any following functions, namely:— (a) to promote male Hindu who is of sound mind and is not a 33 in-country adoptions and to facilitate inter-State minor has the capacity to take a son or a daughter rights of the child adoptions in co-ordination with State Agency; (b) in adoption. Provided that, if he has a wife living, 1. States Parties recognize the right of the child to to regulate inter-country adoptions; (c) to frame he shall not adopt except with the consent of his be protected from economic exploitation and from regulations on adoption and related matters from wife unless the wife has completely and finally performing any work that is likely to be hazardous time to time as may be necessary; (d) to carry out renounced the world or has ceased to be a Hindu or to interfere with the child's education, or to be the functions of the Central Authority under the or has been declared by a court of competent harmful to the child's health or physical, mental, Hague Convention on Protection of Children and jurisdiction to be of unsound mind. Explanation- spiritual, moral or social development. Cooperation in respect of Inter-country Adoption; If a person has more than one wife living at the 2. States Parties shall take legislative, (e) any other function as may be prescribed. time of adoption, the consent of all the wives is administrative, social and educational measures to necessary unless the consent of any one of them is ensure the implementation of the present article. unnecessary for any of the reasons specified in the To this end, and having regard to the relevant 29 Section 2 of The Hindu Adoption and Maintenance Article 32 of The United Nations Convention on the