Adopting a child in India is a legal process governed by specific laws depending on the religion of the adoptive parents. Understanding the legal framework prevents delays and complications.
Laws Governing Adoption in India
- Hindu Adoptions and Maintenance Act, 1956 (HAMA) – applies to Hindus, Sikhs, Buddhists, and Jains
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) – governs adoption by all communities, including Christians, Muslims, and Parsis who have no personal law on adoption
Muslims, Christians, and Parsis cannot adopt under HAMA. They must use the JJ Act / CARA process, or take guardianship under the Guardians and Wards Act, 1890.
CARA – Central Adoption Resource Authority
CARA is the nodal body for adoption in India under the Ministry of Women and Child Development. All adoptions from child care institutions must go through CARA’s online portal (carings.nic.in).
Eligibility to Adopt (under JJ Act/CARA)
- Single woman: can adopt a child of any gender
- Single man: can only adopt a male child
- Couple: must be married for at least 2 years
- Age: composite age of couple must not exceed 110 years (for a child under 5); limits vary by child’s age
- Financially stable, physically and mentally fit
The Adoption Process (CARA)
- Register on the CARA portal as a prospective adoptive parent
- Home Study Report by a Social Worker
- Wait for a referral (child match)
- Acceptance of referral
- Pre-adoption foster care
- Adoption order by the District Magistrate (under the JJ Act, the DM now passes adoption orders)
In-Country vs Inter-Country Adoption
Indian children are first offered to Indian families. Only if no match is found for a specified period is the child available for inter-country adoption. For inter-country adoption, CARA coordinates with the foreign country’s central authority.
Adoption under HAMA (Hindu Law)
A Hindu male with capacity can adopt, with the wife’s consent. A Hindu widow or divorced woman can adopt independently. The adopting parent must be at least 21 years older than the child. A valid adoption under HAMA does not require court approval — a deed of adoption suffices — but registration is recommended.
Post-Adoption
After the adoption order, update the child’s birth certificate, passport, and school records. An advocate can handle all documentation and follow up with authorities to ensure a smooth transition.