Do Biological Parents Have Visitation Rights After Their Child is Adopted?

In India, once a child is legally adopted, the biological parents lose their legal rights over the child, including custody and visitation rights. However, there are some exceptions and factors that may influence whether a biological parent can maintain contact with the child post-adoption.

1. The Effect of Legal Adoption on Parental Rights

Under Indian adoption laws, particularly the Hindu Adoption and Maintenance Act, 1956 (for Hindus) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (for all children, including those from other religions), once a legal adoption is finalized:

• The biological parents' rights are terminated.
• The adoptive parents assume all legal rights and responsibilities, including custody and guardianship.
• The child becomes a legal heir of the adoptive parents, and the biological parents have no legal claim to the child anymore.

2. Visitation Rights Post-Adoption

Once a child is adopted, the biological parents no longer have legal rights to access the child, including visitation rights. This means that, in general, biological parents do not have the right to meet the child after adoption unless the adoptive parents allow it. However, there are certain situations where this may be reconsidered.

2.1 Best Interests of the Child

In India, the principle of the best interests of the child governs most decisions regarding custody and visitation. This principle is enshrined in the Juvenile Justice Act and in international conventions like the UN Convention on the Rights of the Child. While biological parents do not automatically retain visitation rights, the following factors may influence the decision:

• If the adoptive parents and the biological parents agree on a post-adoption relationship, including visitation, the biological parents may be allowed to visit the child.
• If the child expresses a desire to maintain a relationship with the biological parents, and the adoptive parents agree, the court may facilitate supervised visits or allow some form of contact.
• In cases where the child is very young and has had a strong bond with the biological parents prior to adoption, the court may consider gradual contact to help the child adjust to the new family environment.

2.2 Supervised Visitation

If the biological parents wish to remain involved in the child's life after adoption, they may request supervised visits. In this case, a court order would be required, and the court will assess whether such visits are in the best interests of the child. This is particularly true if:

• The child had a close relationship with the biological parents before the adoption.
• The adoption is an open adoption, where some level of contact with the biological parents is allowed by mutual agreement.

However, such visitation is not automatic and would be subject to the court's evaluation of the child’s emotional and psychological well-being.

2.3 Conditions for Post-Adoption Contact

In some cases, the court may include specific conditions for visitation, such as:

• Supervised visitation where an agency or third-party monitors the visit to ensure the safety and well-being of the child.
• Visitation limited to holidays or other specific times, rather than frequent, ongoing visits.
• Therapeutic counseling to ensure the child is emotionally prepared to handle the contact with biological parents.

3. Types of Adoption: Open vs. Closed Adoption

The type of adoption also influences whether biological parents can have some form of post-adoption contact.

3.1 Closed Adoption

In a closed adoption, all identifying information about the biological parents is typically kept confidential, and there is no contact or visitation allowed between the biological parents and the child after the adoption. The adoptive parents are the legal guardians, and the child becomes part of their family, with no legal ties to the biological parents.

3.2 Open Adoption

In an open adoption, the biological parents and adoptive parents may agree to share certain information and allow some level of contact or visitation, even after the adoption is finalized. This can be done to maintain the child's connection to their biological heritage and family, but it is entirely at the discretion of the adoptive parents and based on mutual agreement. Open adoption arrangements may include:

• Regular visits between the child and biological parents.
• Periodic updates about the child’s well-being and milestones.
• Communication through letters or video calls.

India has not yet widely adopted the open adoption model, and most adoptions are closed.

4. Adoption Under the Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice Act, which applies to all children (including those from non-Hindu religions), makes a clear distinction between legal guardianship and adoption. While biological parents retain the right to visit their child in guardianship arrangements, in legal adoption, their rights to visitation are typically terminated. The child becomes part of the adoptive family with full rights, and the biological parents have no automatic right to visitation.

However, like with other adoption laws, if mutual agreement or court order permits, some level of contact may be allowed.

5. Court's Role in Post-Adoption Visitation

If a biological parent wishes to continue visiting the child after adoption, they must typically petition the family court or the child welfare committee for permission. The court will assess the following factors before making a decision:

• The child's emotional and psychological needs.
• The relationship between the child and biological parents before adoption.
• The best interests of the child, which will always be the court's primary consideration.

In most cases, once adoption is finalized, biological parents do not have legal visitation rights unless specifically arranged by the adoptive parents or mandated by a court for the child's well-being.

Example:

Case 1: A child was adopted by a family under the Juvenile Justice Act.

The biological parents had maintained a relationship with the child before the adoption. After the adoption, the biological parents sought visitation rights. The adoptive parents and biological parents agreed on limited, supervised visits under the supervision of a child welfare agency, based on the child's request and emotional bond with the biological parents.

Case 2: A child was adopted through a closed adoption under the Hindu Adoption and Maintenance Act.

After the adoption was finalized, the biological parents attempted to contact the adoptive family for visitation. The adoptive parents refused, as the adoption was closed and there was no prior agreement for post-adoption contact. The court upheld the adoptive parents' decision, as the child's best interests were paramount.

Conclusion

In India, once a legal adoption is finalized, biological parents lose their legal rights over the child, including visitation rights. Adoptive parents have full legal control over the child, and post-adoption, any contact with the biological parents is typically a matter of mutual agreement or court order. In general, biological parents do not have automatic visitation rights unless explicitly granted by the court in exceptional circumstances, based on the best interests of the child. The law prioritizes the child’s emotional and psychological well-being, and any post-adoption contact or visitation must be in alignment with that principle.