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Section 57: Eligibility of prospective adoptive parents

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 56 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 58

Legal Commentary & Landmark Judgments: Section 57

Section 57 of the Act prescribes the eligibility criteria for prospective adoptive parents (PAPs), establishing progressive, non-discriminatory eligibility standards governing single individuals, married couples, and maximum age limits under the national CARA framework.

  • Physical, Mental & Financial Stability Benchmarks: Requires prospective adoptive parents to be physically fit, mentally alert, and financially capable of providing stable care to an adopted child.
  • Equal Eligibility for Single & Married Individuals: Permits single individuals to adopt, subject to the condition that a single male is strictly ineligible to adopt a female child; married couples must have at least two years of stable marital relationship.
  • Statutory Composite Age Limits: Enforces maximum composite age thresholds for couples and maximum individual age limits for single adopters based on the age of the child to be adopted.
Key Landmark Precedents:
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Landmark ruling: Supreme Court affirmed that the adoption provisions under the JJ Act are secular and universal, conferring the legal right to adopt on all citizens regardless of religion or personal law.
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Pioneering adoption precedent: Supreme Court established rigorous safeguards, home study reports, and eligibility vetting to protect adopted children from commercial exploitation.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that prospective adoptive parents must undergo thorough psychological and social screening by accredited adoption agencies.
Courtroom Practice & Strategic Litigation Guidance:

Prospective parents must register exclusively on CARA's official CARINGS portal under Section 57; ensure that the certified Home Study Report (HSR) is prepared by an accredited Specialised Adoption Agency (SAA), as private or informal adoption deeds are legally void.

Section 56 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 58