Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents
This article delves into the HAMA thats governs adoption in Hindu, Sikh, Buddhist, and Jain communities, while the Guardians and Wards Act, 1890 applies to others. Issues arise in cases of children born from rape, regulated by Section 38 of the Juvenile Justice Act. Consent complexities between parents are addressed by HAMA, but unique cases lead courts to prioritize the child’s welfare over parental consent. Parens Jurisdiction and international obligations underscore this duty. While consent is generally required, courts may interpret statutes to safeguard the child’s welfare. Transparency, judicial training, and research on childhood trauma are crucial. In conclusion, child adoption in India requires balancing the child’s well-being with parental rights, with courts consistently prioritizing the paramount importance of child welfare. Continue reading Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents
