Section-41 Adoption
Section-41 Adoption.-
1. The primary responsibility for providing care and protection to children shall be that of his family.
2. Adoption shall be resorted to for the rehabilitation of the children who are orphan, abandoned or surrendered through such mechanism as may be prescribed.
3. In keeping with the provisions of the various guidelines for adoption issued from time to time, by the State Government, or the Central Adoption Resource Agency and notified by the Central Government, children may be given in adoption by a court after satisfying itself regarding the investigations having been carried out, as are required for giving such children in adoption.
4. The State Government shall recognise one or more of its institutions or voluntary organisations in each district as specialised adoption agencies in such manner as may be prescribed for the placement of orphan, abandoned or surrendered children for adoption in accordance with the guidelines notified under sub-section (3):
Provided that the children's homes and the institutions run by the State Government or a voluntary organisation for children in need of care and protection, who are orphan, abandoned or surrendered, shall ensure that these children are declared free for adoption by the Committee and all such cases shall be referred to the adoption agency in that district for placement of such children in adoption in accordance with the guidelines notified under sub-section (3).
5. No child shall be offered for adoption -
a. until two members of the Committee declare the child legally free for placement in the case of abandoned children,
b. till the two months period for reconsideration by the parent is over in the case of surrendered children, and
c. without his consent in the case of a child who can understand and express his consent.
6. The Court may allow a child to be given in adoption -
a. to a person irrespective of marital status; or
b. to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or
c. to childless couples.
Sub-sections (2), (3), (4), and (6) substituted vide Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, section 21
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