If any person or organisation offers or gives or receives, any child, for the purpose of adoption without following the provisions or procedures as provided in this Act, such person or organisation shall be punishable with imprisonment which may extend up to three years or with fine of one lakh rupees , or with both:
Provided that in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration and recognition of such agency shall also be cancelled.
Legal Commentary & Landmark Judgments: Section 80
Section 80 of the Act penalizes the illegal adoption of a child without following the prescribed procedures under the Act, imposing imprisonment of up to three years or a fine of one lakh rupees, or both, on anyone taking or giving a child in unlawful adoption.
Advise prospective adoptive parents that informal adoptions executed through registered or notarized deeds from private maternity hospitals are illegal and punishable under Section 80; legal adoption can be completed exclusively through CARA registration and a District Magistrate order.