ill rri u-linda to the aidp'lion 0 f a~ildren bll1,~ 980 (to be/as introdu~" in 10k sabha) 1 page 8,-a,a1nst line 3" insert the following marginal c1 tation -'45 0 f 166 0 - " 2 page 10,-, 1n the marginal heading to cl!iu3e a4-,-[or ''provi sionnal" ~ "provisional n 3 page 1 3 ,line 7,-for "oonsti tu tion" ~ "the insti tu tion " 4 page 13, line 21,-for 'lne ce s sary" read ''me rcenaryn 5 page 14,-  tb r ii ne 18 fro m be t tom, re ad -"cl au sa 8 --thi s cl au se pm vi de s fo r 00 n se n t et'efle parent or guardian " e page 14, line 9 from ~ttnm,-fa r "the" re a' iithi s ii new d]lhi; december 12~ 1980 agrahayana 1, 1902 ( sbka)  the adoption of children bill, 1980 arrangement of clauses clauses1 short title, extent and commedcement 2 definitions 3 act not to apply to muslims and not to affect operation of act 78 of 1956, etc 4 adoptions to be regulated by this act 5 power to make adoption c'rdera 6 persons who may adopt 7 persons who may be adoptefl 8 consents 9 court having jurisdictioi' to itlltertain applications 10 procedure before the court, stell interim orders 12 matters to be considered in making adoption orders 13 appeals 14 effect of adoption order 15 special provision for pr')tectioll of adopted children 16 licensing authority for adoption institutions 17 licensing of institutions 18 revocation of licence 19 appeal against orders of hcenaing authority 20 penalties 21 prohibition of certain payments 22 restrictions upon advertisements 23 restrictions on removal of child for adoption outside india 24 provisional adoption by pl'rson domiciled outside india 25 power to make rules ]1"(" \ :1 ;~'l jl \' i ~:, ~  , 1 ~" itli't (' to provide fot the adoption of children and mcltt~rs con~cted 'tjter'wit1(  ", be it enacted by parliament in the thirty-first year of the republic of india as follows:- ji  "-, 1 (1) this act may be called the adoption of children act,~9ao  !! \ short title, (2) it ext~ndsto tne wh&le "f india except the state ot jammu ~cr exteqt and 5 kasnroir com-' ,:' in ~nce-~ t i rnentl;;! ~'~: i 1j '!<!" i/\:  ' "  f" (3) it shall come into force on r:uch date as the centra! government may, by notification in the offtcial gazette, appoint " , ' " i 2 in this act, unless the context otherwise requires,-definitions (a) "adoption order" mca'~s an order made under seqtion, 5 : tor , the adoption of a child; 10 ,,'i· ,~~ (b) "child" ·means a 'persw, whether male or female, who, '~' or before the date on which an ,'lpplication for an adoption ordelo m respect of such person is maell', has not completed the age of eighteen , : ii , years; is (c) "disttictcourt" means in any area for which there ,:isj a city civu court, that court, lind in any other area, the'i fiddpd,  dvil court of original jurladiction: provided that the central government may, by notification in the official gazette, empower, subject to such conditions and restrictions as may be specified in the notification, any other civil court to exercise the powers and discharge the fun'ctions and duties of the district court in respect r)( all or any of the matters dealt with s in this act and a civil court :::0 empowered shall also be deemed to be a district court for the purposes of this act in respect of the matters and subject to the conditions and restrictions specified in such notification; (d) "guardian" means a person having the care of the person j'i of a child or of both his pers('ln and property and includes-(i) a guardian appointed by a will or other instrument executed by the child's father or mother, and (ii) a guardian appointed or declared by a court; (e) "institution" means a body of persons licensed as a social 15 welfare institution under seetion 17; (f) "licensing authority", in relation to any state, means the licensing authority for adoption institutions for that state under section 16; (g) "parent", in relation to an adopted child, means the adop- 20 tive parent; (h) "prescribed" means ljrescribed by rules made under this act 3 (1) no adoption order shall be made in respect of a muslim child or for adoption by a muslim of any child (whether muslim or not) 25 under this act (2} nothing contained in this act shall affect the operation of the hindu adoptions and maintenance act, 1956 relating to ado!,tion aldqllghindus or the operation of any custom relating to adoptm'n among others: 30 aetnotto apply to mualblla and not to rect operation of act'78 of 1  etc: provided that notwithstanding the hindu adoptions and maintenance act, 1956 or such custom, n' adoption made in accordance with 78 of 1956 the provisions of this a~t shall h-:: void merely on the ground that 'such adoption has not been, madp in eccordanee with that act or custom 4 (1) save as provided in 'lprtion 3, no adoption shall b made 35 except in accordance with the provisions of this act and any adoption made in contravention of such provisions shah be void and of no ~ect adoptlofli to be reaulated , thll act (2) an adoption which is voin fhal1 neither create any rights in the adoptive family in favour of eny person which he or she would not have acquired except by rer:;:on of the adoption, nor destroy the 40 rights of such pers')n in the family of ,his or her birth ::r to s subject to the provisions of this act, the district court may, upon an application made in the prescribed form and manner by a person for the adoption of a· child, make nn adoption order in respect ot such' ~ild ddpuon erc!eta • (1) any person who has completed the age of twenty-five years 45 and is of sbund mind may adopt a r:~lild under this act e~lamtion~in the case of rcioption ~f a child by spouses the peraodi 'who may  te~ment·"s to age under thir ~lb·~ction shall be ~eemd to~ave b~~~ti~d if eitherpf tpe,spo'jses hascomplet~d tpe oftweqty- fl'(~ 1~rs    ,   , (2) a ~rson who is married  hall not be entitled to adopt hims~ • 'j" j: " or,ber~~lf;f\lpf1e ~ child, but the hl,lsband and wifej and~e,·~are s ~~e ,\}'iyes:than ~pe,;~nyone ofjlhe wives, mayjahltly adopt auel and 10 no ot~~r~~e ~hall more tt)lu1one:~s!ln ,qe ,nutlecl join~ly ,w adopt a child ;'1;'1':  ~,·td,' d (3) the person or each of th, persons seeking to adopt a child shall be older than the child by at le8st twenty-one years: 10 ' provided that the district court may dispense with the' requirements of this sub  section in any case if h is 'satisfied that' ther~are any '~1 cil'curtlstances which render it necessary so to do " , (4) notwithstanding the forelloing provisions of this ~ijon, the mother or 1atherof a child npt born in lawful wedlock may, eit~er ~ne 15 or jointly with her or his spouse as the case ~ay be, adoptsuch,~hild whether or not such mother, fatht:!l' or spouse-(a) has completed the ilge ,of twenty-five years; ,pr (b) is older than the chud by twenty-one years 7 (1) any child who is not 3]ready adopted or married, may be 20 taken in adoption persona who may be adopted (2) no adoption order shall b€' made where the' sole applicant for an adoption order is a male ono tl-te chi1d to be adopted isi a>:teidale unless the district court is satisfi"j that the apidlicant is thefatber of the child or that there are othl'r5pecial circulllstances which 'j~",fy :!5 the making of an adoption order 8 (1) an adoption order in respect of a child shall not be made-consents (a) in any case, except with the consent of every ;pej;wod wh is ~ rarent or guardian of the cl,ild; and (b) where the child is in the care of an institj+tiqjl, ~'fcep~, with, 30 the consent of the institution ;:!iven on its behalf by all the persons  el;1,trustcd with" or in charge nf, its management: ' provided' that the con rent of trp father of a child npt i ~q~n  in tawful wedlock shantn no ca~e be req'1irf"'rl in the cr:~e_!;lf a?ortion of 1!i~!t~ child·   ,    (2) the time when and the ml'loner in which the consent ~fefnd' 35 to in sub-section (1) may be ll!v'o'n and other matters ~elating to~h consent shall be such as rnav he prescribed (3) the district court may di~;pense with any consentrequtred by sub-section (1) if it is satisfied fh'-!t th0 person whose consent is tqbe dispensed with-: 40 (a) has abandoned, ne~lected orpersistentiy m  treatedthe child or has persistently failr!d without reasonable cruje, to discharge ~he obligation" of a dj':'cut or guardian of 'thecl1ild; or,  , (b) cannot be found or if incapable m givi,ngconaentor 14 wjthholdfng 'consent unrea·sotlrbly  " 45 , ·(f)aa"j '<lo!'lsent to an adoptlor, of a  child given uliuer· this· section shan not be withdrawn except with the permission of the ' cns'trret court ' • bgery applieatiol'l for an adoption order shall be t;nade'to the' dtatrietcourt having jurisdiction in the plaee where the child to '·be s adopted or tbeapplicant retides on the date of the appucauon ' , :,",  court haviq jurladiction to entla!taln applicationa procedure before the court, etc ,10 (1) subjeet to the provisione of this act and the rules made thereunder, every application for 3n adoption order shall be heard and determined by the district court as nearly as may be inaceordance with the procedure applicable under the code of civil procedure, ,1908, 10 5 of 1901 to the trial of wits and an adoptio!'l order made under this act shall be deemed to be a decree for the purposes of the said code  erptan~tion-any rules' mad~ for the purposes af this sub-section may, in particular, provide for-· (a) the transfer of procepdings relating to an application for j 5 an adoption order pending in a district court to another district court (whether such courts are situated in the same or different states), and for the circumstances in which and the manner in which such transfer may be made; (b) the reference to the"d!strict court of an application for an 20 ado})uon order to any expert, br agency spe::ified in such rules for cae study and report  (2) the provisions of the indian' evidence act, l'b72, shall subject 1 of 1872 to the provisions of this act and the rules made thereunder, apply in all respects to the proceedings on such application: :2 5 provided that the district court may receive as evidence any report statement, document, information or matter 'that may in its opinion assist it to deal effectually with the application, whether or not the same would be otherwise relevant or admissible under the indian evidence a9t, 1872 3') 1 of 1872 (3) for the purpose of an:sr application for adoption of a child under this act and 5uqject to any rulcf; made thereunder the district ~ourt may; if satisfied that it is necessary so to do, appoint some person 'or authority to act as guardian ad l;fem of the child upon the hearing of the application with the duty of c;':ifeguarding the interests of the child 35 before the court: provided that where the application for adoption of a child is made by his guardian, the district court ~hall appoint some other person or authority to aetas ~uardlan ad litf>tn of the child under this sub-section interim orden 11 (1) subject to the provisi,,n~ of this section the district court· 4() may postpone the determination n', an application for an adoption order in respect bfa child and may rf it con!;idersjust and convenient so to do make an interim order «iving' t'tie care ana curtody of thf> child to the applical'lt for such" perl ad as the court tlunks fit by way of a probationary period, upen such terms as regards ~heprovi8ion for 45 the maintenance and education and the supervision of the tnterests and weltarr of the child and ott-erwise as the court may think fit (2) on the application of any person or authority interested, the district court may in its discretion modify or revoke an interim order - in respect of any chi1d on such terms and conditions as the court thinks fit 5 12 (1) the district court, before making an adoption order,-matters to be considered in makin, adoption ordera (a) shall be satisfied thst every person or institution whose consent is required under this act, and whose consent has not been dispensed with, has consented to and understands the nature and effect of the adoption order for which the application has been made and in particular in case of any parent, understands that the effect of the adoption order wll! be permanently to deprive him or her of his or her parental rights; (b) shall give due consideration to the wishes ot the child, having regard to his or her age and understanding; ie ' (c) shall be satisfied that the order if made, will be for the welfare of the child; and (d) shall be satisfied that the applicant has not received or agreed to receive and that no person has made or given or agreed to make or give to the appli<'ant, any payment or other reward in 20 consideration of the adoption except such as the court may sanction (2) in determining whether an adoption order, if made, will be for the welfare of the child, the district court shall have regard (among other things) to the health of thl' applicant as evidenced, in such cases 25 as may be prescribed, by the certificate of a registered medical practitioner  (3) the district" court in making an adoption order may impose such terms and conditions as it may think fit and in particular, may require the adopter by bond or otherwise to make for the child such 30 provision, if any, as in the opinion of the court is just and proper 13 (1) any person aggrieved by an order of the district court appeals allowing or dismissing an application for an adoption order may, within thirty days from the date of such order, prefer an appeal to the high court 3s (2) the high court shall subject to the provisions of this act, have the same powers, jurisdiction and authority and follow the same procedure with respect to an appeal under this section as if the appeal were an appeal frum an original decree passed by the district court effect ot adoption order 14 (1) an adoption order shall take effect on such date as may be 40 specified th,"fin by the district court or where an appeal has been preferred under section 13 against such order on such date as may be specified in the appellate order (2) a child in respect of whom an adoption order is made shall be deemed to be the child of the adopter or adopters and the adopter or 04s adopters shall be deemed to be the parent or parents of the child as if the child had been born to that adopter or those adopters in lawful wedlock, for all purposes (including· intestacy) with effect from the date on which the adoption order takes effect and on and from such date all the ties of the child in the family 01 hij or her birt1:l iball be - deemed to be severed and replsc€'d by those created by the adoption order in the adoptive family: provided that-(a) the child shall not be competent to marry any person whom s the child could not have married if the child had continued in the family of his or her birth; (b) bny property which vested in the adopted ehild immediately before the date on which the adoption order takes effect shall contitlue to vest in the adopted chfid subject to the obligations, if any, 10 attaching to the ownership of sueh ~erty includil1g the obligations, if any to maintain the relatives in the 1amny of his or her birth; (c) the adopted child shall not divest any perlon ·of any property whichve,ded inluch perllon before the date on which the is adct)tion order takes effect (3) wo~witbstddiq,g anything contained in any other law, where the particulars relating to the birth of a chilqid niped of whiah·an aqaption order ism,ade have been registered under any law relating to registr~­tiod of birt~ the officer or authority for the time being empowered to 20 give certified extracts of such particulars shall, upon an appllcation made by or on behalf of the child and upon being satisfied that the adoption 'erder m refpect of the child has taken effect, issue or cause to be issued • eerliftcate of such pattitttlms ~etttng out the names of the adoptive p8j'et\tsinplace' of the names of the natural parents of the chfld 2s 15 (1) the district court,-(i) upon receiving from any person an ap:jlication in the prescribed form in this behalf, or (u) 1ipml al'elm)n by , "cer  riled ill tiiis ikilaow by the special provision for protection of adopted children 9tme f(lr6nr~, -(iii) upon its own knowledge or information, may, by notice, require the parent or guardian ofa child apparently udtler thealfe of eighteen yean, bdng athild adopted \lnder this act to produce such child on such day as may be specified in the notice if the court has reason to believe that the child-3s ca) is habitua11y neglect~d or subjected to cruel ill-treatment, ' (b) lives or is made to jive by begging, (t» tifts ol' is made to live in ciretlmsumces cai6to1ated to cause, en~n«e or favour the seduetjon or pro~tutfon ~e ~d, (~) frequed1s fit is allm-/t'd to fre~t the e'omp&ny of any 40 fs'05ti-te,'bi' of liiiy'mluggjer,or tmef -or df~ c!l'imma1 or, (e) hili beenqr ~ beida or·is libly tqbe ~  ~,o!fl""r an¥ io:uaor81purpo~ or for any ~s~l ,w hit "iftiiiiare ~a~~;re~ £x~~na~--tor ~the, purpose~ 'o~ sub-claus~: '(~)",crue(ill~trea~~, i ment in relatfon to an adopted ch!ld includes any ,un8«e' dfsct1thinat1~1':: ' between him and his brothers or sisters in his adoptive family in tlii!' mat~rof carel maintenance, p:aining, education, provision offiloney \qr s property or in aay other ~tter connected with the ,phy~ca1, , materlal or moral well-being of the child ' (2) on the date fixed for the production of the child under sub-~ection (1) or on any subsequent date to whi~h" the proceedings may be adjourned, the district court may hear and record all evidence which 10 may be adduced and pass such order as in the opi~ion or the court is just and proper in the circumstances of the case for ensuring the welfar~ of the child (3) the ptovisions of section 10 shall, so fat as may be, apply in respect of proceedings and orden' tinder this section as they apply in j s respect of proceedings on applicatjons for adoption orders and adoption orders (4) the provisions of this se·~tion shall be in addition to, and not in derogation of, the provisions of any law for the time being in force providing for the care, ptotection, maintenance, weuare, training, educa-2(1 tion and rehabilitation of childrer 16 (1) there shall be a licensing authority for adoption institutions for each state (2) tile licensing authority for a state squ consist of the followag members, namely:-licensing authority for adoption institutions (a) a chairman who shall be a member of the state social welfare board, if any, or an officer of the state government not below the rank of a joint secretary to that government, to be appointed by the state go"ernment; 3') fb) one member nominated by the central government and not more than five other members to be appointed by the state government from amongst persons who, in tile opinion of the government m~kij1g such nomination or anpointment, have special knowledge or e~perience in regard to matters relating to child welfare and administration of child wclfrre institutions: 35 provided that not less th3n one-half of the members under this clause shall be women (3) the term of office of, the ~nowances, if ~y, payable to, and the other terms and conditions of service of, the chalrman and other members of the licensing authority for a state shall be such as ~y be 40 determined by the state government meetings of the licensing authorities for be f0110wed ,by such authorities shall be , '; ;r: ~ (4) the quorum for the states and the procedure, to such as may be prescribed , f" ;  '~ ' 'd'  af' tl~ l"'  :~'all·",mv fnr any state (s)no ,act' orprooee il1iis'''' u;= _  ' ",  "" ,l 17' hall b invalid by t'e8on ofthe,~~te~ of aqyvacan~y ln" 9l' ~~t 4,:5 e _"  in the composition of, the authonty, (6) all members of the licensing authorities shall be deemed to be public servants within the meaatn of -:cuoil 21 of the inc!ln penal cdde  licedsidl " iurituti0d8 17 (1) it shall not be lawful for any body of persons to make any arrangements f:lr the adoption of a child unless that body is licensed s as a social welfare institution under this ad: provided that for a period of three months from the commencement of tm, act, this sub-section shan not apply to any body of persons engaged in making such arrangem~nts immediately before the commencement of this act 10 (2) an application for being licensed as a social welfare institution may be made to the licensing authority in such form and containing such particulars as may be prescribed (3) on the receipt of an application under sub-section (2), the licensing authority, after making such inquiry as it thinks necessary, shall is by an order in writing either grant the licence or refuse to grant it (4) where a licence is refu'sed, the grounds for such refusal shall be communicated to the applicant in the prescribed manner (5) a lk:ence, unless sooner revoked, shall be in force for a period of three years from the date of the issue of the licence and may, on an 20 application made in this behalf sixty days before the date of its expiry, be renewed for a like period: provfded that a licence may be renewed on an application made within sixty days before the date of expiry of the licence if the licensing authority is satisfied that there was sufficient cause for not making an 25 application earlier (6) notwithstanding anything contained insub-section (5), the licensing authority may, fur reasons to be recorded in writing, grant or renew a licence under this section for a period less than three yeai'ls (7) every licence granted under this act shall be in the prescribed 3-form and shall be subject to the prescribed conditions (8) no fee shall be charged for the grant or renewal of a licence under this act (9) a licence granted under this act ':shall not be trmsferable revocation of licence 18 (1) the licensing authorfty may, without prejudice to any other 35 penalty which may have been incurred under this act, for reasons to be recorded in writing, revoke a licence granted under this act-(a) if any of the provisions of this act or any of the rules thereunder relating to the grant of licences 0'1' any of the condition of the licence are contrlvened; or 40 (b) if the licensing authority is not 68tisfied with the conditions, management or superintendence of the institution concenled: ?rovided that before makin& an order of revocation the licensing autb¢ity shall g1ve the bolder of· the jtcoence a l'emodable opportunity to smw c:&uie why the 1seejiee should not 'be revoiiiid 45·'  (2) wbme' a licence' in 1'e8pect' , of- 11ft lristitlltiou' has deen revoked' under sub-section (1), such fn~titutjon shall cease to function,-- ('4) where no appeal has been preferred, against the order of revocation, immediately on the ex~iry of the period prescribed ,for 5 the filing of such appeal; (b) where an appeal has been preferred but the order of revocation has been confirmed, whether with or without any modifications, from the date of the appellate order (3) on the revocation of a licence in respect of an institution, the 10 licensing a'athority may direct th~t any child who is in the care and custody of the institution on the date of such revocation shall be-(a) transferred to another institution; or (b) placed in the care alld custody of such person as is in the opinion of the licensing authority a fit and proper person to be 15 entrusted wi'th the care and custody of the child, 19, (1) any person aggrieved by an order of the licensing authority granting or renewing a licence for a period less than three years or refusing to grant or renew a licence or revoking a licence or by a d:jrection of the licensing authority may, within such time as may be pres-appeal against orders of licensing authority 20 cribed, qrefer an appeal to the state government against such refusal, revocation or direction, (2) the order of the state government on such appeal, and subject only to such order, the order of the licensil'lg authority shall be final and conclusive, penalties 25 20, any person who contravenes any of the provisions of this act or any of the rules made thereunder relating to the grant of licences or any of the conditions of a licence, cir any of the directions issued under sub-section (3) of section 18 shall be punishable with imprisonment for a term which may extend to on~ yf'ar, or with flne, or with both 30 21 (1) subject to the provisions of this section, it shall not be lawful to make or give to any qerson any payment or reward for or in consideration of-prhibition of certain payment • (a) the adoption by that person of a child; or (b) the grant by that person of any consent required in connection with the adoption of a child; or 3s (c) the transfer by that parson of the care and custody of a child with a view to the adoption of a child; or (d) the making by that person of any arrangements for the adcqtion of a child 4 (2) any person who' makes or gives or agrees or offers to make or o give any payment or reward prohibited by this section or who receives or agrees to receive or attempts to ()btain any such payment or reward, shall be punishable with imprisonment for a: term which may extend to six months, or witl{fuie,: at with both; and the court may order any 45 child in res;>ect of whom the offence has been committed, to be removed to a"pl~of safety ~ he owln be t:estore4_ to his p~en~-~- 'g",~dian "or until other arr~aemen~ can be ma4e for hi~ (a> ~ ~cwn does,qot apply to any _pjutment m,acle tq ~ institutioa bya ,parent or iutudian ala child or by a person wqo ador;ts or proposes to adopt a child, being any payment in respect of exipenses 5 reasonably incurred by the institution in connection with the adoption of the child or "to any -payment orte-ward authorised by' the court to which an 8qplication for an adoption order in respect of a child is made 22 (1) except with the leave of the court competent to entertain an application 'for ~n adoption order in respect of a child, it shall not be law- 10 ful for any advertisement to be t;jublished indicating-restrictions upon advertiaements (a) that the ,arent or guardian of the child desires to cause the child to be adopted; or (b) that a person desires to adopt the child; or (e) that any person (not being an institution) is willing to make is arrangements for the adoption of the child (2) any person who causes to be published or knowingly ,?ublishes an advertisement in contravention of the provisions of this section shall be punishable with fine which may extend to one thousand rupees 23 (1) except under the authority of an order under section 24, it 20 shall not be lawful for any person to take or send out of india a child who is a citizen of india to ary place outside india with a view to the adoption of the child by any person restrictions on removal of child for adoption outside india (2) any person who takes or sends a child out of india to any place outside india in contravention of silo-section (1) or makes or take~ part 2s in any arrangements for transferring the care and custody of a chi~d to any person for that purpose shall' be punishable with impriso~ment for a term which may extend to six months, or' with fine, ~ with both '    (3) in any qroceeding under this section a report by an indian consular officer or an indian diplomatic offi::er or a depositio~ made before 30 an indian consular ojlicer or an indian diplomatic officer and authenticated under  the signature of that officer· ,shall be admissible as evidente of the matters stated therein, and it shall not be necessary to prove the signature or official character of the person who appears to have signed any such rff,)ort or deposition 35 24 (1) if upon an applicati9n made by a person who is not domiciled in india, the district court is satisfied that the applicant intends to adopt provisionnal adoption by person domiciled outside india a child under the-law qf or withia the country in whit:h he is domiciled, and for that qurpose desires to remove the child from india eithe!' immediately or after an interval,the court may make an or~er (in this 40 section referred ·to as a provisional adoption order) -authorising the applicant to remove the child for the purpose aforesaid and giving to the ap;llicant the care and custody of the child pending his a~option as aforesjaid: -provided that no application shall be ~tertained unless it is accojxl- 45 panied bya certificate by the central government to the effect thatt, " ' - (i) the applicant is in its opinion a fit person to adopt the child; , : (ii) the welfare and interests of the child shall be safeguarded under the law ot the country of dodii~ile of the applicant;'~ (iii) the applicant has made proper provision by way of deposit or bond or otherwise in accordance 'with the rules made under this 5 act toensble theehild to be repatriated to india, should it become necessary for any reason (2) a provisional 'adoption order may be made under this section in any ca'3e where an adoption order could be made in respect of the child under this act but shall not be made in any other case 10 (3) the provisions of this act relating to an adoption order shall, as far as may be, apply in relation to a provisional adoption order made under this section power to make rules 25 (1) the central government may, by notification in the official gazette, and after consultation with the supreme court, make rules for is carrying out the purposes of this act ' (2) in particular and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for-(a) the form and the manner in which an application for an adopdon order shall be made under section 5; 20 (b) the time when and the manner in which consent may be given to the adoption of a child and other matters relating to such consent under sub-section (2) of section 8; (c) the procedure which may be followed on hearing applications by a district court and the circumstances in which and the extent to which such applications may be heard and determined otherwise than in open court under sub-secti('in (1) of section 10; (d) the quorum for the meetings of licensing authorities and the procedure to be followed hy licensing authorities under subsection (4) of section 16; 30 (e) the form and particulrrs of an application for a licence in respect of an institution undpr sub-section (2) of section 17; (f) the manner in which the grounds for refusal of a licence shall be communicated to the applicant under sub-section (4) of section 17; 35 40 (g) the form of licence in respect of institutions and the conditions thereof referred to in sub-section (7) of section 17, the qualification of persons who jray be engaged by institutions to make arrangements for adoption, the provisions which should be complied with by institutions in regard to reception, care, protection and welfare of children under their control and the inspection of records and premises c'f institutions; - 'j ," t, ,'" '' - _ ,-: t'" • ,- (h) the time within which an ~ may'be p1eferredtcitiae state novenunenf undet" section 19;' 'l '  - ~ '  ' (i) the form in which, and the authorities to whom, an: application for the· ceortificate referred to in the proviso to 'sub-section (1) of section 24 may be made; the provision which an applicant for such s certificate has to make for repatriation to india of the child to which the application relates and the conditions which such an applicant has to comply with; (j) any other matter for which provision has to be or may be made by rules 10 (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and it before the expiry of the ~ession immediately 'following the ses- 15 sion or the successive sessions aforesaid, both' houses agree in making any modification in the rule or be>th houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 20 in india there is no general law of adoption though it is permitted by statute ajdodgst hiddus and by custom amongst a few numerically insignificant categories of periona in recent years there has beul a growing demand for a general law of adoption in india, particularly from ~veral social welfare organisations and social workers who see in constitution of adoption an opportunity to provide proper homes and families for abandoned, destitute and neglected children the basis of this demand lies embedded in article 39 of the constitution which provides inter alia that the state shall direct its policy towards securing that chudhood and youth are protected against exploitation and against material and moral abandonment this bill seeks to meet this demand 2 the salient featares of the bill may be stated as followsl-(4) the bill seeks to provide for an enabling law of adoption applicable to all communities other than muslim community and in addition to and not in supersession of the hindu adoptions and maintenance act, 1956 in so far as it relates to adoption and all customary laws permitting adoption (b) it provides for adoption by order of district court (c) it seeks to provide necessary safeguards to prevent 1'nsuitable adoptions and adoptions with necessary or immoral objects and to ensure that adoption of a child is allowed only when it is in the best interests of the child (d) it permits the adoption of any child (a person who has not completed 18 years of agt» who is not already adopted or married (e) it permits, subject to ('ertain qualifications and restrictions, any person of sound mind who has completed the age of 25 years to adopt a child (f) it makes suitable provisions as to consents of the parents of the child to be adopted and of the institutions, if any, taking care of the child (g) it seeks to equate as far as possible the status, rights and obligations of an adopted child with that of a child bom in lawful wedlock (h) it makes special provisions for protection of adopted children who are neglected or cruelly ill-treated or exploited or exposed to pernicious influences (i) it makes detailed provisions as to licensing and supervision of institutions desiring to mrke arrangements for adoption of children (j) it provides for the making of provisional adoption orders permitting foreigners to take children out of india for the purpose of adoption 3 the notes on cla'uses explain in detail the various· provisions of the bill new dam; p smv shanja:a the 3t'd deeember, lb clause 3-sub-clause (1) pr~vides tbat ,no adop~ion order shan,be mad~· in respect ~f a muslim child or for adciptipn by a ~uslim of ~ny, child (whether muslimor not) under ibis bill sub-clau8e "(2) provides that tb  provisions of· the· bill, when enacted,· would be available in addition'to and not in supe1'8ession ,of the provisions relating to adoption contained in the hindu adoptions and maintenance act, 1956 and the cl\sto~ary law relating to adoption clause 4-this clause provides for the application of the provisions of the bill, when enacted, save as provided in clause 3, to all adoptions an adoption made in -contravention of the provisions of the bill, when enacted, will be void and of no e!fect clause 5-this clause confers the powers to make adol?tion orders on district court clause' 6  ;,any p4!rson who has completed the age of twenty-five years and is of sound mind can adopt a child [sub-clause (1) j a married person can adopt only jointly with his wife the samr:! child cannot be adopted by more than one qel'son unless it is by husband and wife adopting jointly [sub-clauae (2)] there should be a minimum difference of twenty-one years bet'veen the adopter and the child to be ada,ted [sub-clause (3)] all these requirements except the one as to the person adopting being of sound mind have been made ineqplicable in the case of adoption by a natural parent of his or her illegitimate child [sub-clause (4)] clause 7-this clause provides that a child not alre}ady adopted or married may be taken in adoption, and that a sole male a:?plicant may adopt a female child only if he is the father of the child or there are other special circumstances justifying such adoption clauae 9-this clause provides that an application for an adoption of a child and where the child is in the care and custody of an institution, of the institution, for the adoption of the child the clause also empowers the court to dispense with the consent of a parent or guardian in cases where sluch parent or guardian has abandoned, neglected or persistently ill-treated the child or cannot be found or is incapable of giving his consent or is withholding his consent unreasonably, the consent once given cannot be withdrawn except with the permission of the court c'ltluse 9-the clause provides that an application for an adoption order may be made to the district court having jurisdiction in the place where the child to be adopted or the person desiring to adopt resid~$ on the date of  applicatioa  clause 10-this clause deals with the ~rocedure in accordanr'e with which: ap,pli,catipns fqr adoption orders shall be heard and determined by the 'district courts '!'he clause also makes pro~qn fo~, tile  ~ppqjnt- , ment, if necessary, of a guardian ad litem of the~c1iild 'to"'be adopted for safeguarding the interests of the child before the court '  \ 'cla~e ~1-this clause empowers the district court to postpone the determmatlon of an application for an adoption order in respect of a child and make, if the court considers> just and convenient !o to do, an idterim order giving the cate and custody of-the child to the appucant by way-o'f probation this device" will enable the court to satisfy itaelf better on the question whether the ad~tion' order, if made, will be in the best interests of the chud , clause 12-this clause specifies: the matters which the district court has to take into account before making an adoption order in respect of a chud among other things, the court will have to give due consideration to the wishes of the child to be adopted having regard to his or her age and understanding and will have to 'satisfy itself that the order, if made, will be for the welfare of the child sub-clause (3) of the clause empowers the district court to impose such terms and conditions as it may think fit in making an adoption order and to require the adol;>ter by bond or otherwise to make for the child such provision, if any, as in the opinion of the court is just and proper clause l3-this clause provides for appeal to the high court against an order of a district court allowing or dismissing an application for an adoption order clause 14-this clause lays dow!) the effects of an adoption order the clause seeks to assimilate the position of an adopted c¥ld with that of a natural born legitimate child to the maximum extent possible the clause provides that an adopted child shall ,be deemed to be the child of his or her ·adoptive parent and the adoptive parent shall be deemed to be the parent of the child as if the child had been born to the parent in lawful wedlock for all purpose£ with effect from the date on which the adoption order takes effect provision is also made for the severance of the ties of the child in the family of his or her birth, except for the purpose of prohibition relating to marriage exceptions are provided to ensure that as a result of the adoption vested rights of any person are not affected vide clause 14(2) proviso sub-clause (3) provides for issuing of certificate setting out the particulars such as the names of the adoptive parents in place of the names of the natural parents of the adoptive child for the purpose of changing the entries in the register of births maintained under the relevant act clause i5-this clause makes ~pecial provision for protecfion of children adopted under the provisinns of the bill under the clause the district court may require the parent or guardian of an adopted child to produce such child before the court if the court has reason to believe that the chiid-(i) ios habitually neglected or cruely ill-treated, or (ii) lives or is made to live by begging, or (ffi) lives or is made to live in circumstances calculated to cause, encourage or favour the seduction or prostitution of the child, or (iv) frequents or 16 allowed to frequent the company of any prostitute, smuggler, thief or other criminal, or (v) has been or is belng or is likely to be taken ~ut of india f any immoral purpose or for any purpoile detrimental to hilwe1f~ and interests ' , ' ~ ~ourt &ner hear~g aqcj recording all evid_  , wjucjl iqy  aqduced, may pass ~u$ order aos in its optjuonis juit qd ~r fef ensurjng th~ welfare of the chlld ' ckjuses 16 to 20-tbese clauses make provisions as to licensing aaei supervi03ion of institutions desiring to make arrangements for adopti~ of children '  clauses 21 and 22-these are self-explanatory clause 23-tbis clause makes the taking or sending of an indian chilcl outside india for purposes of adoption, ~unishable except where the child b so sent or taken out under the authority of a provisional adoption order ~vide clause 24) made by a distr~ct court clause 24-this clause empowers the district court to make a provisional adoption order permitting a person who is not domielled in india and who wants to adopt under the l:aw of the country of his domicile a child residing in india, to take the child out of india for the purpose the ·~ame procedure and the same considerations which apply to tbe muiag of an adoption order, apply to the making of a provisional oi'der ji\u"tber 'an application for a provisional adoption order in respect of a child has to- t?e' accompanied by a certificate issued by the central government to the effect that the applicant is in its opinion' a fit person to adapt lie child and that the welfare and interests of the ehild allau be teguarded un:der the lawis of the country of the dom1c!de of the applicant aad tmt the applicant has made p,'operpro'v'ision to enable the ebtldto be repi trlated to tndia, if' neeessat'y " - ,  clause 15 of the bill makes a special provision for ute pro~o~ of aa adopted child sub-clause (1) (ii) of that clause enables the $ate gov-~~' ent to authorise an officer to report to th e dlstqct court m~ tt o~ ~ adol?~ed c:hild who needs special protection as exis~ o~ will be authorised this is not likely to involve any' expenditure ' 2 sub-clause (2) of clause 16 of the bill, inter alia, relates to the appointment of a licensing authority consisting df a chainnan add six members by the state government the state government m respect of a union territory is the central government some recurring e<penditure will be involved in regard to the payment of allowances to the chairman and the memberc; of the licensing authority some recurring office expenditure of a negligible nature may also' be' involved the exact amount of such expenditure would depend upon thed'umbdr of applications for licences, the number of licenc~ granted and the action' to be taken in relation thereto the estimated expetidfture oil ~his and on allowances of the chllirman and the members' qf tljie licensing authority is not likely to exceed rs 10;000' per 8jmum ~ ~c'h union temtory ' 3 the bill does not involve any expenditure of a non-recurriai l},tlp'e  memorandum regarding delegated legislationclause' 25 of the bill empowers the central government to make, after consultation with the supreme court, rules for carrying out th~ purposes of the act the matters in respect of which rules may be made relate', inter alia, to the form and the manner in which applications may be made under the act; the manner in which consent may be given to the adoption of a child; the pro:::edure to be followed on hearing applications for adoptions including the circumstances in which and the extent to which such applications may be heard and determined otherwise than in open court; the care and custody of children awaiting adoption; the form and the particulars of an application for a licence in respect of an institution; the form of and authorities to whom an application for certificate, required to be filed with an application for provisional adoption order, sho'uld be made; the provision which an applicant for such certificate shnuld make for repatriation to india of the child to which the applicatic'n relates and conditions which such an applicant has to comply with; the manner of communication of the grounds for refusal of licence in respect of an institution; the form of a licence in respect of an institution and the conditions thereof; the time within which appeal may be preferred against an order of refusal or revocation of a licence in respect of an institution, etc 2 as the various matters in respect of which rules may be made under the clause relate to matters of form, procedure or detail, the delegation of legislative power is of a normal character  a billto provide for the adoption of children and matters connected therewith (shri shiv shankar, minibter of law, jubltice lind company affairs) 