(1) Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority.
(2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority.
(3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956 (78 of 1956).
(4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority.
(5) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid adoption order from the District Magistrate, shall be punishable with rigorous imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.
Legal Commentary & Landmark Judgments: Section 56
Section 56 of the Juvenile Justice Act, 2015 establishes a universal, secular statutory framework for child adoption, ensuring that adoption rights are accessible across all religions without discrimination.
Sub-section (3) contains an explicit non-obstante clause, enacting that nothing in this Act shall apply to the adoption of children made under the Hindu Adoptions and Maintenance Act, 1956 (HAMA). Sub-section (4) prohibits all adoptions outside the statutory procedures of this Act and CARA regulations, criminalizing illegal private adoptions.
Section 56 represents a landmark achievement in Indian secular jurisprudence. By opening legal adoption to prospective parents of all religious communities without imposing religious conversion or canonical restrictions, the statute universalized the right to adopt while maintaining strict institutional safeguards under CARA.