(Karnataka High Court)
According to the Indian constitution, there are specific rules under the juvenile justice act that must be followed in order to legally adopt an orphan child. Anyone interested in becoming a legal guardian for an orphan or abandoned kid must go through a legal process.
People who adopt a kid without going through the legal process are subject to penalties under section 80 of the juvenile justice act.
But what if the child isn't an orphan and you're adopting him or her from his or her biological parents?
Is it still necessary for you to go over all of the legalities?
If a child is not orphaned or abandoned by his or her biological parents, you do not need to follow any legal requirements to adopt the child. Adopting a kid with the approval of the biological parent is legal and carries no legal consequences.
In one case, the appellant filed a petition in the Karnataka High Court against the defendants, alleging that they did not follow proper procedure when adopting the child from the biological parent and were thus liable to punishment under section 80 of the juvenile justice act.
The high court summons both parents and conducts an investigation into the situation. The child's biological parent had neither forsaken nor abandoned her, according to the findings of the High Court. As a result, the charge sheet was filed without any supporting evidence.
The court went on to say that a person is only liable for punishment under section 80 of the juvenile justice act if he or she adopts an abandoned, orphaned, or deserted child without following the provisions of the law.
However, no such condition was discovered in this case. Under sections 2(1), 2(42), and 2(60) of the Act, the child in question was not abandoned or forsaken by her parents. The filing of a charge sheet is pointless because there is no declaration that the child has been abandoned by her biological parent.