Section 35 JJ Act: Surrender of children

Section 35 of Juvenile Justice (Care and Protection of Children) Act, 2015: Surrender of children

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the Committee.

(2) If, after prescribed inquiry, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the Committee:

Provided that a period of two months shall be given to the parents or guardian to reconsider their decision and in the intervening period the child shall be placed in a fit facility or specialised adoption agency.

(3) The surrender deed shall be registered under the Registration Act.

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Act regulates the surrender of children, providing a formal, dignified statutory procedure for parents or guardians facing extreme physical, emotional, or socio-economic distress to surrender a child before the CWC.

Formal Legal Surrender Before CWC: Obligates biological parents or guardians seeking to surrender a child to execute a formal surrender deed before the Child Welfare Committee after mandatory counseling.
Mandatory Two-Month Reconsideration Window (Cooling-Off): Prescribes a statutory sixty-day reconsideration period during which the biological parents have an absolute right to reclaim the child, preventing impulsive surrenders.
Confidentiality & Non-Stigmatizing Process: Mandates that surrender proceedings must remain confidential, protecting biological mothers from social stigma or criminal prosecution.

Key Landmark Precedents:

Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court affirmed that the statutory surrender procedure under Section 35 provides a legal, safe alternative to dangerous infant abandonment, protecting infant survival.
In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court held that the two-month cooling-off period under Section 35 is an essential safeguard ensuring parental consent is voluntary and informed.
Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that surrendered children transition through structured CWC oversight into the national adoption pool under CARA.

Courtroom Practice & Strategic Litigation Guidance:

Biological parents wishing to reclaim a surrendered child must file an application before the CWC before the sixty-day reconsideration window expires; once sixty days elapse and the CWC declares the child legally free for adoption, the surrender becomes irrevocable under Section 38.

Section 35: Surrender of children

Section 35 of Juvenile Justice (Care and Protection of Children) Act, 2015: Surrender of children

Legal Commentary & Landmark Judgments: Section 35