Adoption in India: laws, eligibility, and procedure

Adoption law in India is not uniform across all communities. For Hindus, Buddhists, Jains, and Sikhs, the Hindu Adoption and Maintenance Act, 1956 (HAMA) governs adoptions. For persons of other religions—including Muslims, Christians, Parsis, and Jews—adoption is not permitted under their personal laws; instead, they may take a child under the Guardians and Wards Act, 1890, which creates a guardianship relationship rather than a full adoption. For inter-country adoptions and adoptions of children in institutional care, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) applies, along with the Adoption Regulations, 2017 framed under it. The Central Adoption Resource Authority (CARA) is the nodal body that regulates all adoptions under the JJ Act framework.

Eligibility depends on which law applies. Under the Hindu Adoption and Maintenance Act, 1956, any Hindu who is of sound mind and not a minor may adopt. A male Hindu must have the consent of his wife, and a female Hindu who is unmarried or widowed may adopt independently. The Act requires that the adoptive parent be at least 21 years old and that there be at least 21 years of age difference between the adoptive parent and the child if the child is of the opposite sex.

Under the Juvenile Justice Act framework, any person—regardless of religion—may adopt. The prospective adoptive parents must be physically, mentally, and emotionally stable, financially capable, and motivated to adopt. A couple must have been in a stable marital relationship for at least two years. Single women may adopt children of any gender, while single men may adopt only male children. The minimum age for adoptive parents under the JJ Act is 25 years, and the maximum composite age of the couple is 90 years (with each individual being at least 25 and not older than 55 for a child below 5 years).

Adoption is not a remedy for a grievance; it is a legal process to provide a permanent family to a child who is orphaned, abandoned, or surrendered, or whose biological parents are unable to care for them. Under the Hindu Adoption and Maintenance Act, 1956, a child may be given in adoption only by the child's biological parents or the guardian of the child. The child must be under 15 years of age, unless the child is mentally or physically disabled. The biological father, if alive, must consent, and the mother's consent is also required.

Under the Juvenile Justice Act, a child is legally free for adoption when the Child Welfare Committee (CWC) declares the child as legally free for adoption after due inquiry. This typically occurs when the child is orphaned, abandoned, or surrendered. No reported decision was found on this point.

The procedure differs based on the legal route chosen.

Under the Hindu Adoption and Maintenance Act, 1956:

1. Petition – The prospective adoptive parent files a petition in the civil court having jurisdiction over the place where the child resides or where the adoptive parent resides.
2. Notice to authorities – The court issues notice to the biological parents (if known) and to the local child welfare authorities.
3. Inquiry and report – The court may direct a social investigation report to assess the suitability of the adoptive parent and the welfare of the child.
4. Hearing – The court hears the parties and considers the evidence.
5. Adoption decree – If satisfied, the court passes an adoption decree, which has the effect of transferring all parental rights from the biological parents to the adoptive parents.

Under the Juvenile Justice Act, 2015 (through CARA):

1. Registration – Prospective adoptive parents register online on the CARA portal (Child Adoption Resource Information and Guidance System – CARINGS).
2. Home study report – A social worker from the Specialised Adoption Agency (SAA) conducts a home study and prepares a report.
3. Referral of child – Based on the home study and the child's availability, a child is referred to the prospective parents.
4. Acceptance and matching – The prospective parents may accept the referral, after which the SAA facilitates the matching.
5. Pre-adoption foster care – The child is placed in pre-adoption foster care with the prospective parents for a period.
6. Petition before the court – The SAA files a petition before the District Court or the Family Court for the adoption order.
7. Adoption order – The court passes the adoption order, which is final and irrevocable.

Under the Guardians and Wards Act, 1890 (for non-Hindus):

The procedure is similar to a guardianship petition. The prospective guardian files a petition before the civil court, which may grant guardianship. This does not confer the status of an adopted child under personal law, but it does grant custody and care responsibilities.

The documents required depend on the legal route, but generally include:

• Proof of identity of the prospective adoptive parents (Aadhaar card, passport, voter ID)
• Proof of residence (utility bills, rental agreement, property documents)
• Marriage certificate (if married)
• Income proof (salary slips, IT returns, bank statements)
• Medical certificates confirming physical and mental fitness
• Photographs of the prospective adoptive parents and their home
• Reference letters from two persons of standing
• Home study report (under JJ Act procedure)
• Consent of the biological parents (if known and available)
• Declaration of the child being legally free for adoption (under JJ Act)
• No-objection certificate from CARA (for inter-country adoption)

An advocate should be engaged at the earliest stage of the adoption process. Legal assistance is particularly important when:

• The adoption involves an inter-country element, where CARA clearance and compliance with the Hague Convention on Inter-Country Adoption may be required.
• The child is older or has special needs, and the court may require additional evidence of suitability.
• The biological parents are contesting the adoption or their consent is in question.
• The adoption is under the Guardians and Wards Act, 1890, where the legal effect is limited and the prospective parents may need advice on succession and inheritance rights.
• The prospective adoptive parents are single, divorced, or widowed, and the court may scrutinise their application more closely.

Can a Muslim or Christian adopt a child in India?
Under their personal laws, Muslims, Christians, Parsis, and Jews cannot adopt a child in the full legal sense. However, they may take a child under the Guardians and Wards Act, 1890, which grants guardianship. Alternatively, they may adopt under the Juvenile Justice Act, 2015, which provides for full adoption regardless of religion.

What is the difference between adoption and guardianship?
Adoption permanently transfers all parental rights from the biological parents to the adoptive parents. The child becomes the legal child of the adoptive parents for all purposes, including inheritance. Guardianship under the Guardians and Wards Act, 1890 does not sever the child's legal ties with the biological parents and does not confer inheritance rights.

Can a single person adopt a child?
Yes. Under the Hindu Adoption and Maintenance Act, 1956, a single Hindu woman may adopt, and a single Hindu man may adopt with the consent of his wife (if married). Under the Juvenile Justice Act, 2015, single women may adopt children of any gender, while single men may adopt only male children.

Is there an age limit for adoptive parents?
Under the Hindu Adoption and Maintenance Act, 1956, the adoptive parent must be at least 21 years old. Under the Juvenile Justice Act, 2015, the minimum age is 25 years, and the maximum composite age of a couple is 90 years. For single parents, the maximum age is 45 years for a child below 5 years.

Can a child be adopted after the age of 15?
Under the Hindu Adoption and Maintenance Act, 1956, a child must be under 15 years of age, unless the child is mentally or physically disabled. Under the Juvenile Justice Act, 2015, children up to 18 years of age may be adopted.

What is the role of CARA in adoption?
The Central Adoption Resource Authority (CARA) is the statutory body that regulates all adoptions under the Juvenile Justice Act, 2015. It maintains the online portal CARINGS, registers prospective adoptive parents, and monitors the adoption process. CARA also issues no-objection certificates for inter-country adoptions.