Community Health Nursing II: Child Adoption Act.pptx

1,578 views 28 slides Jul 17, 2024
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About This Presentation

Discover the journey of child adoption with our comprehensive PowerPoint presentation. This informative guide covers the various aspects of adoption, including the types of adoption, the adoption process, legal considerations, emotional impact, and the benefits for both children and families. Ideal ...


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By Lanchunglu Panmei IV Year BSc Nursing Student Community Health Nursing II: Child Adoption ACT

By Lanchunglu Panmei IV Year BSc Nursing Student Community Health Nursing II: Child Adoption ACT

INTRODUCTION Adoption is a legal process by which a child is placed with a married couple or a single female who agrees to raise the child as their own and assume all responsibilities for the child. DEFINITION Adoption is the creation of a new permanent relationship between an adaptive parent and child and the child takes the place of a biological child to all intents and purpose.

DEFINITION Adoption is the creation of a new permanent relationship between an adoptive parent and child and the child takes the place of a biological child to all intents and purpose.

The Hindu adoption and maintenance act, 1956 which deals with adoption by individuals belonging to Hindu, Sikhs, Jains and Buddhists. Guardian and Ward’s act, 1890 which deals with adoption by foreign citizens, Indian nationals, NRIs who are Muslims, Christians or Jews. Juvenile Justice Act, 2000 which deals in part with adoption of children for non Hindu parents. Adoption of a child is governed by the following acts:

01 Criteria Of Legal Adoption 03 02 Who can adopt Who can give child in adoption Eligibility of adoptive parent

01 Criteria Of Legal Adoption 03 02 Who can adopt Who can give child in adoption Eligibility of adaptive parent Single woman (unmarried, widows, divorced) or married couple. They can be an Indian, non-resident Indian or foreign citizen.

03 02 Who can give child in adoption Eligibility of adoptive parent Parents/Guardian of child, both parents together, one of them if the other has renounced world or ceased to be Hindu or has become insane. If both parents are dead or not competent in law or children parentage unknown then guardian can give child in adoption with permission of court.

03 Eligibility of adoptive parent Must be over 21 years. Should have the financial ability to raise the child. Adopted child not to be of the same sex as adoptive parent’s living child. Cannot adopt more than one child of same sex. Process of ADOPTION 01 02 03 04 05 06 07 Registration Home study and counseling Referral of the child Filing of petition Hearing Court order Follow up

Process of ADOPTION 01 Registration 02 03 04 05 06 07 Home study and counseling Referral of the child Filing of petition Hearing Court order Follow up

1 2 3 4 5 6 7 Registration Process of ADOPTION Home Study and counseling Registration to be done with a recognized adoption coordinating agency and preparation of the documents to be submitted with the agency to get registered.

1 2 3 4 5 6 7 Home Study and counseling Registration Referral of the child Home study at the parent/s residence to assess the couple’s parenting abilities, preparations on the issue of adoption. This is made into a report and is submitted to the honorable court.

1 2 3 4 5 6 7 Referral of the child Home Study and counseling Filing of the petition The agency will disclose medical files, physical examination report and such information of the child. On the parents’ acceptance of the same the agency will show the child physically. The prospective parents have option to accept child or ask for another child.

1 2 3 4 5 6 7 Filing of the petition Referral of the child Hearing Documentations made by the parents to the agency and the child’s documents are sent for preparation of the petition. Once the petition is ready the parents will be called at the court & sign the same in presence of the court officer.

1 2 3 4 5 6 7 Hearing Filing of the petition Follow - up The parents should attend the court hearing on camera along with the child if satisfied, the judicial officer will pass the order and mention the amount to be invested in the child’s name.

1 2 3 4 5 6 7 Court order Follow - up Hearing Once the amount is invested and the receipt is shown to the judge the order will be issued. If under HAMA then a deed of adoption is prepared and the same needs to be registered with the local registrar office. *HAMA: Hindu Adoptions and Maintenance Act

1 2 3 4 5 6 7 Follow - up After the adoption the agency needs to submit follow-up reports to the court about the child’s welfare up to two years or more. Adoptions by Foreign Nationals

Adoptions by Foreign Nationals

Adoptions by Foreign Nationals Procedure for Inter-country adoption The Supreme Court of India has laid down that every application from a foreigner deciding to adopt a child must be sponsored by a social or child welfare agency recognized or licensed by the government or a department of the foreign government sponsors such cases in the country in which the foreigner is resident. Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP)

Adoptions by Foreign Nationals Procedure for Inter-country adoption Married couple with five years of a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the home study report. Single person(never married, widowed, divorced) up to 45 yrs. can also adopt. Age difference of the single adoptive parent and child should be 21 years or more. A FPAP in no case should be less than 30 years or more than 55 years. Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP) The second adoption from India will be considered only when the legal adoption of the first child is completed. Same sex couples are not eligible to adopt.

The second adoption from India will be considered only when the legal adoption of the first child is completed. Same sex couples are not eligible to adopt. Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP) Criteria for Eligible Children Married couple with five years of a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the home study report. Single person(never married, widowed, divorced) up to 45 yrs. can also adopt. Age difference of the single adaptive parent and child should be 21 years or more. A FPAP in no case should be less than 30 years in more than 55 years.

Criteria for Foreign Prospective Adoption/ Adoptive Parent/s (FPAP) Criteria for Eligible Children The child must feel legally free for adoption. Clearance from ACA/State government is mandatory for all children. Siblings/ twins /triplets cannot be separated except in exceptional cases. Two unrelated children cannot be proposed to a foreign family at a time. A child may as far as possible be placed in adoption before it reaches the age of 12. The consent of the child has to be obtained wherever applicable. Foreign Nationals living in India

Foreign Nationals living in India In case of foreigners who have been living in India for one year or more, an undertaking should be given by the concerned Embassy/High Commissioner that the child will be legally adopted in that country and also mention an agency/ organization who would send the progress reports and take care of the child in case of any disruption when the child is taken abroad. However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due cause. Rights of the child taken abroad

Rights of the child taken abroad When the court makes an order appointing adoptive parents as the Guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving state not later than two years from the date of the order. The child would have all rights recognized under International laws. Conclusion

Conclusion Adoption is a legal procedure which transfers the parental responsibility for the child to the adoptive parents. Child adoption in India presents a transformative opportunity to provide loving homes and brighter futures for countless children. By embracing and supporting ethical adoption practices, we can collectively ensure that every child experiences the nurturing and stability they deserve, ultimately fostering a more compassionate and inclusive society. Rights of the child taken abroad RECAP OF THIS Presentation Introduction The Adoption Act Criteria of Legal Adoption Process of Adoption Adoption by Foreign Nationals Procedure Criteria for Foreign Perspective Adoption/ Adoptive Parent/s (FPAP) Criteria for eligible Children For Foreign nationals living in India Rights of the child taken abroad

RECAP OF THIS Presentation Introduction The Adoption Act Criteria of Legal Adoption Process of Adoption Adoption by Foreign Nationals Procedure Criteria for Foreign Perspective Adoption/ Adoptive Parent/s (FPAP) Criteria for eligible Children For Foreign nationals living in India Rights of the child taken abroad Bibliography Professor R.P. Saxena – Textbook of Community Health Nursing II for BSc Nursing Students 3rd Edition (Lotus Publishers) 2020 Page No.290-293. Kornitzer.M , Adoption and Family Life, Oxford Publishers 4 th Edition 1968 Page No.112-115.

Bibliography Professor R.P. Saxena – Textbook of Community Health Nursing II for BSc Nursing Students 3rd Edition (Lotus Publishers) 2020 Page No.290-293. Kornitzer.M , Adoption and Family Life, Oxford Publishers 4 th Edition 1968 Page No.112-115. Introduction The Adoption Act Criteria of Legal Adoption Process of Adoption Adoption by Foreign Nationals Procedure Criteria for Foreign Perspective Adoption/ Adoptive Parent/s (FPAP) Criteria for eligible Children For Foreign nationals living in India Rights of the child taken abroad RECAP OF THIS Presentation Thank YOU!

Thank YOU! Bibliography Professor R.P. Saxena – Textbook of Community Health Nursing II for BSc Nursing Students 3rd Edition (Lotus Publishers) 2020 Page No.290-293. Kornitzer.M , Adoption and Family Life, Oxford Publishers 4 th Edition 1968 Page No.112-115.