Section 38 of JJ Act : Section 38: Procedure For Declaring A Child Legally Free For Adoption

Explanation using Example

Imagine a scenario where a newborn baby is found abandoned at a local hospital. The baby is taken into the care of a child care institution, and the Child Welfare Committee (CWC) is notified. The CWC begins an inquiry to trace the baby's parents or guardians. Despite extensive efforts, no relatives are found, and it is established that the baby is an orphan with no known family to care for them.

According to Section 38(1) of The Juvenile Justice (Care and Protection of Children) Act, 2015, the CWC must declare the child legally free for adoption within two months since the baby is under two years of age. This declaration is made after confirming that the baby is indeed an orphan and that there are no pending legal issues or FIRs against any biological parent.

The CWC's decision to declare the child legally free for adoption is made by a consensus of at least three members, as per Section 38(4). Once this decision is taken, the CWC informs the District Magistrate, the State Agency, and the Authority about the child being available for adoption, as well as any pending cases, as required by Section 38(5).

Thanks to the Committee's actions in accordance with Section 38, the baby is now able to be adopted by a loving family, providing the child with a chance for a nurturing and secure future.