(1) Indian prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same to a Specialised Adoption Agency, in the manner as provided in the adoption regulations framed by the Authority.
(2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the Authority.
(3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by such parents, the Specialised Adoption Agency shall give the child in pre-adoption foster care and file an application before the District Magistrate for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the Authority.
(4) On the receipt of a certified copy of the order passed by the District Magistrate, the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents.
Legal Commentary & Landmark Judgments: Section 58
Section 58 of the Juvenile Justice Act, 2015 establishes the standardized centralized digital procedure governing in-country adoptions by resident Indian citizens.
Under sub-sections (3) to (5), once declared eligible, prospective parents are referred children declared legally free for adoption. Upon acceptance of the child, pre-adoption foster care placement is executed, followed by an application to the competent authority (District Magistrate pursuant to the 2021 Amendment) for obtaining the final adoption order.
Section 58 eliminated the corrupt and opaque middlemen historically associated with private adoptions in India. By funneling all in-country adoptions through CARA's digital registry and mandated Home Study Reports, the statute ensures transparency, fairness in queue allocation, and rigorous screening of prospective adoptive homes.