law: Juvenile Justice (Care and Protection of Children) Act, 2000
  41. Adoption.-
  1.     
  
    The
  
  primary responsibility for providing care and protection to children shall be
  
  that of his family.
  2.     
  
    Adoption
  
  shall be resorted to for the rehabilitation of the children who are orphan,
  
  abandoned or surrendered through such mechanism as may be prescribed.
  3.     
  
    In
  
  keeping with the provisions of the various guidelines for adoption issued from
  
  time to time, by the State Government, or the Central Adoption Resource Agency
  
  and notified by the Central Government, children may be given in adoption by a
  
  court after satisfying itself regarding the investigations having been carried
  
  out, as are required for giving such children in adoption.
  4.     
  
    The
  
  State Government shall recognise one or more of its institutions or voluntary
  
  organisations in each district as specialised adoption agencies in such manner
  
  as may be prescribed for the placement of orphan, abandoned or surrendered
  
  children for adoption in accordance with the guidelines notified under
  
  sub-section (3):
  Provided that the
  
  children's homes and the institutions run by the State Government or a
  
  voluntary organisation for children in need of care and protection, who are
  
  orphan, abandoned or surrendered, shall ensure that these children are declared
  
  free for adoption by the Committee and all such cases shall be referred to the
  
  adoption agency in that district for placement of such children in adoption in
  
  accordance with the guidelines notified under sub-section (3).
  1.     
  
  
  2.     
  
  
  3.     
  
  
  4.     
  
  
  5.     
  
    No
  
  child shall be offered for adoption -
  a.      until two members of
  
  the Committee declare the child legally free for placement in the case of
  
  abandoned children,
  b.     till the two months
  
  period for reconsideration by the parent is over in the case of surrendered
  
  children, and
  c.      without his consent
  
  in the case of a child who can understand and express his consent.
  1.     
  
  
  2.     
  
  
  3.     
  
  
  4.     
  
  
  5.     
  
  
  6.     
  
    The
  
  Court may allow a child to be given in adoption -
  a.      to a person
  
  irrespective of marital status; or
  b.     to parents to adopt a
  
  child of same sex irrespective of the number of living biological sons or
  
  daughters; or
  c.      to childless couples.
  
  
  Sub-sections (2),
  
  (3), (4), and (6) substituted vide Juvenile Justice (Care and Protection of
  
  Children) Amendment Act, 2006, section 21