Section 66: Adoption of children residing in institutions not registered as adoption agencies

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015

Legal Commentary & Landmark Judgments: Section 66

Section 66 of the Act provides for the adoption of children residing in child care institutions not registered as adoption agencies, establishing a statutory mechanism to link general Children's Homes with Specialised Adoption Agencies to ensure every adoptable child finds a family.

  • Mandatory Linking with Specialised Adoption Agencies: Obligates all general Children's Homes and shelter institutions to partner with the nearest SAA to facilitate adoption of resident orphaned children.
  • Statutory Time-Bound Screening: Requires the linked SAA to screen resident children, prepare Child Study Reports, and obtain CWC declarations within thirty days of admission.
  • Prevention of Institutional Warehousing: Prevents institutions from retaining adoptable children indefinitely for fundraising, ensuring transition into permanent family care.
Key Landmark Precedents:
  • In Re: Exploitation of Children in Orphanages (2017) 7 SCC 578: Supreme Court condemned the practice of orphanages hoarding children to claim foreign donations, directing mandatory linking under Section 66 to place children in families.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Supreme Court mandated that all child care institutions must actively identify adoptable children and link with SAAs under Section 66.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: Affirmed that every child has a right to grow up in a family environment.
Courtroom Practice & Strategic Litigation Guidance:

District Child Protection Units (DCPUs) must inspect general Children's Homes quarterly: if an institution houses orphaned children without linking them to an SAA under Section 66, initiate immediate license suspension proceedings.