Highlights of the Bill

• The Juvenile Justice (Care and Protection of Children) Act, 2015 states that adoption of a child is final on the issuance of an adoption order by the court.  The Bill provides that instead of the court, the district magistrate will issue such adoption orders.

• The Bill seeks to transfer all pending matters related to adoption before any court to the district magistrate having jurisdiction over the area.

Key Issues and Analysis

• Currently, there are 629 adoption cases pending in various courts.  In order to expedite adoption proceedings, the Bill transfers the power to issue adoption orders to the district magistrate.  An issue to consider is whether the level of pendency justifies shifting the load to the district magistrate.

• Adoption of a child is a legal process which creates a permanent legal relationship between the child and adoptive parents.  Therefore, it may be questioned whether it is appropriate to vest the power to issue adoption orders with the district magistrate instead of a civil court.