Ensure no illegal adoptions: NMC directs medical institutes to comply with Child Protection laws

New Delhi: The National Medical Commission (NMC) has asked the deans/principals of all medical institutes to issue an advisory to ensure compliance with the Juvenile Justice (Care and Protection of Children) Act, 2015, in hospitals and medical facilities regarding legal provisions for care, reporting, and adoption of abandoned or surrendered children.

NMC requested the medical colleges to issue the advisory after the Ministry of Women and Child Development (MWCD), wrote to the Commission on May 30, 2025 and informed about observing instances of deviation from the legal procedures governing the care, reporting, and adoption of children found abandoned or surrendered in hospital and medical institutions.

"These practices are in contravention of the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021," NMC mentioned in the Public Notice issued on 10.07.2025.

In this regard, NMC reiterated the following legal provisions for strict compliance:

a. Section 32 - Mandatory Reporting:

Any individual or institution, including hospitals, who finds or is informed of an abandoned child is legally required to report the case to the Childline (1098), the police, the Child Welfare Committee (CWC) or the District Child Protection Unit (DCPU) without delay. Section 33 and 34 contain penal provisions for lack of compliance to the same.

b . Section 35 - Procedure for Surrender:

If a parent wishes to surrender a child, the hospital must immediately notify the CWC. The child must be taken into care as per the procedures laid out in this section, ensuring the surrender is voluntary, informed, and documented.

c . Section 80 - Punishment for illegal Adoptions:

This section prohibits handing over of children for adoption in violation of the JJ Act. Any such action is punishable under law.

d . Section 81 - Sale and Purchase of Children:

Involvement of persons or institutions in the sale or illegal transfer of children is a cognizable offence. ln cases of involvement of employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years.

"In view of above, all Medical Colleges/Institutions under the administrative domain of NMC are requested to follow the legal protocol in this regard, particularly by the Obstetrics & Gynaecology, and Paediatric departments of the college. All Medical Colleges are also requested to issue suitable instructions to their faculties and students to ensure compliance of the legal protocol in this regard," NMC mentioned in the notice.

Further, in order to prevent unauthorized adoptions, eliminate risks of trafficking and exploitation of children and safeguard their rights and welfare, NMC asked all medical colleges to institutionalize the following institutional safeguards to prevent illegal adoptions:

a . Mandatory Training and Legal Orientation:

All hospital staff, particularly those in Obstetrics & Gynaecology and Paediatrics Departments, should undergo mandatory sensitization and legal training on the provisions of the JJ Act. MWCD will facilitate this process through its training agency NIPCCD.

b . Establishment of Reporting Protocols:

Hospitals must establish internal protocols to ensure that any child found abandoned or proposed to be surrendered is reported immediately to the CWC through the District Child Protection Unit located in the Office of DC/DM, as per Rule 7 (4) and 9(4) of the Adoption Regulations, 2022.

c . Prohibition of Direct Adoption Facilitation:

No medical practitioner or staff member shall directly facilitate the adoption of a child by any individual or family, under any circumstances, outside the legal framework supervised by the Central Adoption Resource Authority (CARA).

d . Display of Legal information:

Display of posters, brochures and advisories on the legal process of adoption, and the consequences of illegal adoptions, should be made mandatory in all hospitals and nursing homes. Central Adoption Resource Authority (CARA) of MWCD will coordinate this process.

e. Establishment of Accountability Measures:

Mechanisms for audit and accountability should be introduced to monitor the compliance of Health Care Institutions with the provisions of the JJ Act.

With the notice, NMC also attached infographic posters, which may be disseminated and displayed in all medical colleges/healthcare establishments.

Ministry of Women and Child Development's Letter to NMC: 

In its letter addressed to the Ministry of Health on May 30, 2025, the Ministry of Women and Child Development (MWCD), which is the nodal agency for implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015, pointed out that the 2015 Act provides a comprehensive legal framework for care, protection, rehabilitation and adoption of children who are Orphaned, Abandoned, or Surrendered

The Ministry pointed out that the JJ Act prescribes detailed procedures for adoption and mandates the reporting of all OAS children to the local Child Welfare Committee (CWC). Further, the Act stipulates penal consequences for any individual or institution - including medical establishments - that fail to report or they facilitate any adoption in contravention of the law.

"Given that hospitals, nursing homes and medical practitioners often serve as the first point of contact for unwed mothers, distressed parents/ parent wishing to give away their unwanted child, or couples/ individuals desperate to adopt a child, it is imperative that all medical institutions are made fully aware of the legal procedures and prohibitions pertaining to the adoption process," the Ministry mentioned in the letter.

"I request your Ministry's support in ensuring that the legal provisions under the JJ Act are disseminated across all healthcare institutions - public and private - including through professional bodies such as the lndian Medical Association (lMA), The Federation of Obstetric & Gynaecological Societies of lndia (FOGSI) and other relevant associations. The objective is to prevent unauthorized adoptions, eliminate risks of trafficking and exploitation of children and safeguard their rights and welfare," it added.

Highlighting the rules for following institutional safeguards to prevent illegal adoption, the Ministry asked the Union Health Ministry to "issue suitable advisories and directions to all Departments and lnstitutions under your purview to ensure strict adherence to the legal adoption framework to protect and safeguard the best interests of all vulnerable children."

To view the NMC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-request-for-issuance-of-advisory-to-ensure-compliance-with-juvenile-justice-care-and-protection-of-children-act-2015-in-hospitals-and-medical-facilities-294265.pdf

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