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Section 60: Procedure for inter-country relative adoption

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

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Act 2015
Section 59 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 61

Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Act prescribes the procedure for inter-country relative adoption, permitting non-resident Indians (NRIs) or Overseas Citizens of India (OCIs) to adopt a biological relative's child from India through specialized expedited procedures.

  • Expedited Inter-Country Kinship Adoption: Permits NRIs, OCIs, or foreign citizens of Indian origin to adopt a child of their biological relatives (sibling, first cousin) residing in India.
  • Mandatory Relative Relationship Verification: Requires biological parental consent and DNA or genealogical verification proving that the child is a lawful statutory relative as defined in the Act.
  • CARA Approval & District Magistrate Order: Mandates prior approval from CARA and the issuance of a formal adoption order by the District Magistrate in the district where the child resides.
Key Landmark Precedents:
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Supreme Court recognized that relative adoptions by non-resident Indians preserve cultural and familial heritage and should be facilitated with simplified procedural vetting.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed the statutory secular framework governing kinship adoption across international borders.
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Affirmed that even in relative adoptions, the best interests of the child and prevention of commercial exploitation remain paramount.
Courtroom Practice & Strategic Litigation Guidance:

In inter-country relative adoption petitions, ensure biological parents execute a registered consent deed before the CWC, and submit home study approval from the central authority of the receiving country to CARA to secure fast-track clearance under Section 60.

Section 59 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 61