Adoption in India is a legal process by which a child who is biologically not the child of the adoptive parents becomes their lawful child with all rights, privileges, and responsibilities. It is meant to give abandoned, orphaned, or surrendered children a permanent family and ensure their well-being, protection, and upbringing. Adoption in India is governed by a mix of secular and religious laws, depending on the religion of the adoptive parents.
Governing Laws of Adoption in India
Adoption laws in India are primarily governed by the following:
- Hindu Adoption and Maintenance Act, 1956 (HAMA)
- Applicable to Hindus, Buddhists, Jains, and Sikhs.
- Allows for a complete and irrevocable adoption.
- Covers both male and female adoptive parents.
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
- Applies to all Indian citizens, irrespective of religion.
- Managed and implemented through Central Adoption Resource Authority (CARA).
- Allows adoption of orphaned, abandoned, or surrendered children legally declared free for adoption.
- Guardians and Wards Act, 1890 (GWA)
- Applicable to non-Hindus (Muslims, Christians, Parsis, Jews).
- Provides for guardianship, not full adoption under personal laws.
- The child does not automatically become a legal heir.
Who Can Adopt in India?
Under the JJ Act (via CARA):
- Indian citizens, Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs) can adopt.
- Single, married couples, or even divorced individuals are eligible.
- The minimum age difference between the child and adoptive parent should be at least 25 years.
- A single female can adopt a child of either gender.
- A single male is not permitted to adopt a girl child.
- Couples must be in a stable marital relationship for at least two years.
- There are age brackets for parents depending on the child’s age.
Who Can Be Adopted?
According to the JJ Act:
- The child must be declared legally free for adoption by a Child Welfare Committee (CWC).
- Orphaned, abandoned, or surrendered children are eligible.
- Children up to the age of 18 years can be adopted.
Adoption Process in India (via CARA and JJ Act)
- Registration
- Prospective Adoptive Parents (PAPs) must register online on the CARA portal.
- Home Study Report (HSR)
- A licensed adoption agency conducts a home study to evaluate the readiness and suitability of the parents.
- Child Referral
- Based on eligibility and preferences, suitable children are referred to the PAPs for matching.
- Acceptance
- The PAPs accept the child and give written consent.
- Legal Procedures
- The adoption agency files a petition in court to obtain legal adoption orders.
- The court hears the case and, if satisfied, grants adoption.
- Post-Adoption Follow-Up
- The agency monitors the family and reports on the child’s adjustment for a specified period.
Documents Required for Adoption
- Identity and address proof
- Marriage certificate (if applicable)
- Medical certificates
- Income proof
- Passport-size photographs
- Consent of the spouse (if married)
- Home study report
Key Legal Considerations
- Adoption once finalized is permanent and irrevocable.
- The adopted child has the same legal rights as a biological child.
- The process must comply strictly with legal formalities to avoid future disputes.
- Under the Hindu law, if a male adopts, he must obtain the consent of his wife unless she is incapable.
Conclusion
Adoption in India is a compassionate yet deeply regulated legal process. It provides a new beginning not only for the child but also for the family receiving them. However, it’s essential to follow proper legal channels and understand the applicable laws to ensure a smooth and valid adoption. Whether under HAMA for Hindus or the JJ Act for others, the ultimate goal remains the same — to provide a child with love, care, and a permanent family.