Legal provisions of adoption in India: A critical study with special reference to child protection
The subject matter of this article deals with the position of laws of adoption in India. The adoption has been practiced since a long time ago but the law for it emerged in 19th century. Adoption in India is governed by the personal laws of different religions but there is no general law of adoption for all of the religions in India. There is only one personal law which governs adoption in India i.e. Hindu Adoption and Maintenance Act, 1956. There is no specific law governing adoptions in Muslims, Parses, Christians and Jews, they can be a guard to the children (ward) under the Guardians and Wards Act, 1890. The Juvenile Justice (care and protection of children) Act, 2000 provides provisions of adoption to all irrespective of any religion, still a uniform law has been lacking to provide the right to adoption to all religions as adoption is governed by the personal laws. There is no legislation for inter-country adoption in India. Inter-country adoption means adoption by foreign parents. Till this date there is no law which governs Inter-country adoptions. This article deals with the problems in existing laws of adoption in India and the need of its uniformity and also the possible improvements to be made.