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Under the law, only a ‘Registered Medical Practitioner’ can perform the abortion procedure. For a doctor to be recognised as a registered medical practitioner, the following conditions must be fulfilled: They must possess recognised medical qualifications such as MBBS, MD, MS, etc. (A list of these qualifications can be found in the Schedule of theRead more

You can call a helpline to answer any queries regarding abortions and to understand where to get abortions as given below:   National Reproductive Health Helpline The Ministry of Health and Welfare has set up a helpline number called the National Reproductive Health Helpline. Call 1800116555 anytime between 9 am to 11 pm (Monday to Saturday).Read more

The District Level Committee is a body that has the power to approve certain places as being fit for carrying out abortions. The Committee must consist of 3-5 members. One member must be a gynaecologist, surgeon or an anaesthetist, and others must be from the medical field, non-governmental organisations, and the Panchayati Raj of theRead more

You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. The police will record the information about the crime in the FIR (First Information Report).Read more

Offence  Punishment A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman consented to the procedure Jail time for up to 10 years, along with a fine1  A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman had not consented toRead more

In every hospital, records of the abortion should be maintained in the following ways1: Doctor’s Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting theRead more

Abortions can only be conducted at any of the following places approved by the government: Hospitals, either established or maintained by the government. Such places (private, public or other) that have been approved by the government or by a District Level Committee set up by this law.1 If the abortion is carried out in aRead more

If the person who needs an abortion is a minor, i.e. a person below 18 years of age, then the consent of her guardian is compulsory1. A guardian will be the parent or any person who takes care of her under the law. The doctor has a duty to make sure that the guardian’s consentRead more

The law provides that a pregnant woman may get an abortion if her pregnancy is a result of rape. The doctor has a legal duty to assume in such cases that the pregnancy gravely affects the woman’s mental health1. However, it has to be noted that even if the pregnancy is a result of rape,Read more

If a woman suffering from mental illness wants to undergo an abortion, the law requires that the consent of her guardian (could be a parent or a spouse) should be taken1. This is not the same for a mentally retarded woman2. In cases of mental retardation a pregnant woman’s consent must be taken and noRead more

If there is a need to conduct an immediate abortion to save a pregnant woman’s life, no matter how far along the pregnancy is, the doctor can conduct the abortion. This emergency abortion should be done by the doctor without any intention to cause harm and in good faith.1 Any registered medical practitioner can conductRead more

Yes. If a contraceptive device fails to work, and a married woman becomes pregnant as a result, it will be presumed that the pregnancy was unwanted and that the woman’s mental health will be affected if the pregnancy continues1. Therefore, before 20 weeks of the pregnancy, the doctor can perform the abortion if the womanRead more

Consent of Pregnant Woman The law states that a pregnant woman’s consent is mandatory for an abortion to be performed1. The woman can give consent through Form C of the Medical Termination of Pregnancy Rules, 2003. This form is submitted to the registered medical practitioner conducting the abortion. If anyone forces a pregnant woman toRead more

Except in case of emergeny abortions, the law does not state who can take a decision if an abortion is required after 20 weeks. Legally, doctors are not allowed to decide on this. So, the only recourse for a pregnant woman will be to approach the Courts allow the abortion. There are many cases whereRead more

Abortion is legally permitted only if the term of the pregnancy is not more than 20 weeks. However, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors who have to decide whether she can get an abortion depends on theRead more

A pregnant woman can seek a legal abortion under two circumstances. First, to preserve the woman’s health, and second, in cases of fetal abnormality. However, in both these cases the doctor’s assessment for abortions is heavily relied on. Woman’s Health A doctor can perform an abortion only if in their medical opinion the abortion isRead more

Abortion refers to the termination of a pregnancy by a doctor. In India, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors that decide whether a woman can get an abortion, depends on the number of weeks of her pregnancy.Read more

If you require any help, support or you want to raise an issue regarding the adoption, you can contact the following authorities:  Child Adoption Resource Authority (CARA) CARA primarily deals with non-religious adoption1 of orphan, abandoned and surrendered children through its associated /recognised adoption agencies. Helpline of CARA: 1800-11-1311.You may call this number between 9:00Read more

The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:   Adoption Order (Non-Religious Law)1 Under the non-religious law on adoption,2 the Court receives the application from the SAA (Specialized Adoption Agency) with the relevant documents of the child so that theRead more

You may be punished if you do the following, regardless of the  law under which you have adopted a child: Illegally taking a child to a foreign country If you take or send  a child to a foreign country, or arrange for transferring the child to a person in a foreign country, without a validRead more

The following are the effects of adoption, regardless of which law you have adopted under:1 Child of Adoptive Parent: The child becomes the child of the adoptive parent(s), and the adoptive parent(s) become the parents of the child as if the child had been born to them, for all purposes. Familial Connections of the Child:Read more

Under the Hindu law on adoption,1 there is no set procedure on adopting a child. You do not have to follow any guidelines, but you may have to execute an adoption deed. For more details on procedure and the format of the deed, you should consult a lawyer.  If you are a guardian A guardianRead more

As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions. Adoption within India (In-Country Adoption) Follow the steps given below for adopting a child through in-country relative adoption i.e. adoption within India.1  Step 1: You should determine if you can adopt theRead more

As a step-parent of the child you want to adopt, you can follow the procedure given below.1  Step 1: You and your spouse (the biological parent of the child) must register on the website of Central Adoption Resource Authority (CARA), here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS), whereRead more

Follow the steps given below to adopt a child if you are an Overseas Citizen of India (OCI) or a foreigner who is a habitual resident of India:1   Step 1: You should determine if you can adopt. You may adopt a child through this means only if you are an OCI or a foreignRead more

Follow the steps given below to adopt a child if you are an Overseas Citizen of India (OCI), Non-Resident Indian (NRI) or foreigner living abroad:1 Step 1: Approach the relevant authority i.e. the Authorised Foreign Adoption Agency or the Central Authority in your country of residence. In case there is no Authorised Foreign Adoption AgencyRead more

Follow the steps given below to adopt a child from a foreign country as an Indian citizen.1 Step 1: Necessary formalities for adoption of a child from a foreign country will be completed in that country, as per their law.  Step 2: The relevant authority, depending on the laws of the country, shall issue approvalRead more

As a resident Indian, you may opt for in-country adoption i.e., adoption within India. Your application for adoption will go through various stages, as mentioned below:1   Step 1: You may apply for adopting a child by registering on the website of Central Adoption Resource Authority (CARA), here. It will redirect you to Child AdoptionRead more

The types of adoption given below are only applicable to you if you decide to follow the non-religious law on adoption.1 If you follow the the Hindu adoption laws,2 there are no specific types of adoptions. These are the following categories of adoption procedures: Adoption by resident Indians (residing in India) Adoption of a childRead more

Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law,1 which terminates the legal relationship that the child has with their biological parents.2  The Child Welfare Committee (CWC) takes the decision to declare a child free for adoption, after: it conducts inquiries, which includes: ARead more

Under the non-religious law on adoption,1 you cannot give up your child for adoption, but as a parent or a guardian you have the option to surrender your child.2 Surrendering means you give up your child for physical, emotional or social factors beyond your control.This would end your legal relationship with the child and you willRead more

Adoption under Non-Religious Law Under the non-religious law on adoption,1 you2 must meet the following conditions to be considered as a prospective adoptive parent: Health  You must be physically fit i.e. you have no life threatening medical condition You must be financially sound, mentally and emotionally stable, and highly motivated to adopt a child forRead more

Adoption under Non-Religious Law Under the non-religious law on adoption,1 the following children can be adopted:  If the children given below are declared legally free for adoption by the Child Welfare Committee: Any orphan who is a child without biological parents, adoptive parents or a legal guardian2 Abandoned child who is a child  deserted by theirRead more

Adoption is1 the process through which a prospective adoptive parent(s) lawfully assumes the responsibility of a child, including all the rights, privileges and responsibilities that have already been given to the child. After the legal formalities of adoption are done, the child is permanently separated from their biological parents and is assumed to be the child2Read more

यदि आपने घरेलू हिंसा का सामना किया है, तो आप तत्काल मदद और सुरक्षा के लिए कोर्ट (सिविल कोर्ट, फैमिली कोर्ट या क्रिमिनल कोर्ट) में अर्जी दाखिल कर सकते हैं 1)। आपको वकील की सहायता लेनी चाहिए और यदि आपके पास वकील नहीं है, तो सुरक्षा अधिकारियों, एन.जी.ओ आदि से मदद लेनी चाहिए जो आपकोRead more