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Report No. 153

When a child is adoptable

5.7. The first and foremost condition for giving a child in inter-country adoption is that the child must be free and legally available for the adoption.

Firstly, if the consent of biological parents is given, it must be without duress or inducement and in the best interests of the child or when the parents have relinquished the child for adoption and there is a document of surrender, duly attested by the necessary witnesses, the child must obviously be taken to be free for adoption.

Secondly, where a child is an orphan or destitute or abandoned child and is living in a social or child welfare agency and it has not been possible for the concerned agency to trace its parents or where the child is committed by a juvenile court to an institution, centre or home for commuted children and is declared to be a destitute by juvenile court, such a child must be regarded as free and legally available for adoption.

Inter-Country Adoption Back

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