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Section 65: Specialised Adoption Agencies

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

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Act 2015
Section 64 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 66

Legal Commentary & Landmark Judgments: Section 65

Section 65 of the Act governs Specialised Adoption Agencies (SAAs), empowering the State Government to recognize and license accredited childcare institutions to process domestic and inter-country adoptions.

  • Accreditation of Specialized Adoption Agencies: Authorizes the State Government to license registered child care institutions as SAAs upon verifying high standards of medical care and social casework.
  • Placement & Home Study Mandate: Empowers SAAs to prepare Home Study Reports (HSR), match prospective adoptive parents with children, and supervise pre-adoption foster placements.
  • Strict Revocation & Financial Audits: Obligates SAAs to undergo annual social and financial audits, authorizing immediate license revocation upon discovery of unauthorized fees or child concealment.
Key Landmark Precedents:
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Supreme Court held that only state-accredited Specialised Adoption Agencies possess statutory competence to place children in adoption.
  • In Re: Exploitation of Children in Orphanages in State of Tamil Nadu (2017) 7 SCC 578: Supreme Court directed criminal prosecution of unauthorized NGOs that facilitate adoptions without holding a valid SAA license under Section 65.
  • Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244: Affirmed the strict regulatory standards governing adoption agencies.
Courtroom Practice & Strategic Litigation Guidance:

Verify that any adoption agency handling a prospective adoption holds an active, unexpired SAA license under Section 65; adoptions facilitated by non-SAA institutions are void and expose the parties to prosecution under Section 80.

Section 64 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 66