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Section 59: Procedure for inter-country adoption of an orphan or abandoned or surrendered child

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

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Act 2015
Section 58 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 60

Legal Commentary & Landmark Judgments: Section 59

Section 59 of the Act establishes the procedure for inter-country adoption of an orphan, abandoned, or surrendered child, requiring that inter-country adoption shall be permitted only after exhausting all domestic in-country adoption options within statutory timelines.

  • Primacy of In-Country Adoption (Subsidiarity Principle): Directs that a child can be cleared for inter-country adoption only if no suitable Indian prospective adoptive parents are available within prescribed statutory windows (typically sixty days).
  • Accredited Foreign Adoption Agency (AFAA) & CARA Verification: Mandates that foreign applicants must route applications through an Accredited Foreign Adoption Agency and obtain a formal No-Objection Certificate (NOC) from CARA.
  • District Magistrate Adoption Order Mandate: Following the 2021 Amendment, vests authority to issue inter-country adoption orders in the District Magistrate / Additional District Magistrate, streamlining adoption finality.
Key Landmark Precedents:
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Constitution Bench laid down comprehensive guidelines governing inter-country adoption to prevent child trafficking, establishing the subsidiarity principle prioritizing domestic Indian adoption.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court affirmed that CARA is the supreme central authority regulating inter-country adoption under the Hague Convention.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that strict procedural adherence to CARA guidelines is mandatory for international adoptions.
Courtroom Practice & Strategic Litigation Guidance:

In processing inter-country adoption files, verify that the CARA No-Objection Certificate (NOC) is placed on record before the District Magistrate; without an active CARA NOC, the District Magistrate possesses zero statutory jurisdiction to issue an adoption order under Section 59.

Section 58 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 60