SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

ight to be adopted by willing parents and to have a home. It held that this right existed and
the petitioners, despite being Christians, were entitled to adopt so as to enforce this right of
the abandoned child. 109
The Hindu Adoptions & Maintenance Act, 1956 also discriminated against women desirous
of adopting. Whereas married men are permitted to adopt with the consent of their wives
married women are not allowed to adopt irrespective of their husband’s consent. 110 Similarly,
only men also have the right to give a child in adoption whereas women may do so only if
they are widowed or if their husband’s are declared to be of unsound mind, have renounced
the world or have ceased to be Hindu. 111 Interestingly, the law permits single or unmarried
men and women to adopt thereby bestowing parenthood on single persons. 112 However, this
does not allow same sex partners of these single persons to claim parenthood.
However, many of the restrictions on persons of religions other than Hinduism and on the
ability of unmarried persons to adopt were removed through amendments in 2006 113 to the
Juvenile Justice (Protection and Care of Children) Act 2000. The amendments introduced a
definition of adoption as, “the process through which the adopted child is permanently
separated from his biological parents and becomes the legitimate child of his adoptive
parents with all rights, privileges and responsibilities those are attached to the relationship.”
The amendments also clarify that a court may give a child in adoption:
“(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of the same sex irrespective of the number of living
biological sons or daughters, or
(c) to childless couples.” 114
Adoption is not permitted in Bangladesh though Bangladeshi citizens may be appointed
guardians for minors under the Guardians and Wards Act, 1890. This law does not specify
that persons who have to be appointed as guardians must be married and single persons may
be appointed as guardians subject to the fulfillment of the conditions of the law.
Under Thailand’s Civil and Commercial Code, a person above the age of 15 who is being
adopted must consent to such adoption. 115 Although there are further provisions in the Thai
law related to adoption, a verifiable English translation of these provisions was not available
for this review.
In Indonesia, provisions for the guardianship and adoption of children are contained in the
Law on Child Protection, 2002 and the Law on Human Rights 1999. Under the Law on
Human Rights 1999, “every child has the right to know who his parents are and to be brought
up and cared for by his own parents”; if this is not possible then the child may be
fostered/adopted by another person. 116 Under the Law on Child Protection, 2002, adoption
may only be carried out in the best interests of the child, shall be based on local custom and
109 In the Matter of Manuel Theodore D'Souza 2000 (2) Bom CR 244
110 Sections 7 & 8, Hindu Adoptions and Maintenance Act, 1956 (India)
111 Section 9, ibid.
112 Sections 7 and 8, ibid.
113 The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006
114 Section 41, Juvenile Justice (Protection and Care of Children) Act 2000
115 Section 1598/20, Civil and Commercial Code (Thailand)
116 Article 56, Law on Human Rights, 1999 (Indonesia)
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