Bill Summary

The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018

• The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2018, was introduced in Lok Sabha by the Minister of Women and Child Development, Ms. Maneka Gandhi on August 6, 2018. The Bill amends the Juvenile Justice (Care and Protection of Children) Act, 2015.  The Act contains provisions related to children in conflict with law and children in need of care and protection.  The Bill seeks to make certain changes to the provisions related to the adoption of children.
   
• Adoption under the 2015 Act: The Act provides for the adoption of children by prospective adoptive parents from India and abroad.  On the acceptance of the child by prospective adoptive parents, a specialised adoption agency files an application in a civil court to obtain the adoption order.  The adoption order issued by the court establishes that the child belongs to the adoptive parents.  The Bill provides that instead of the court, the District Magistrate will issue such adoption orders.
   
• In cases where a person living abroad intends to adopt a child from his relative in India, he is required to obtain an adoption order from the court. In such cases, the Bill replaces the court and empowers the District Magistrate to issue adoption orders.
   
• Transfer of proceedings: The Bill seeks to transfer all pending matters related to adoption before any court to the District Magistrate having jurisdiction over the area.

 

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