Child Adoption in India: Law, Process & Legal Safeguards

Introduction

Adoption in India is not merely an act of compassion, it is a legal institution recognised by statute. It permanently establishes a parent–child relationship and transfers to the adopted child the same rights and obligations as a biological child, including inheritance. Because of its far-reaching consequences, adoption must be carried out strictly in accordance with the law. In India, two parallel frameworks regulate this area: the Hindu Adoptions and Maintenance Act, 1956 (for Hindus, Buddhists, Jains, Sikhs) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (a secular statute applying to all communities, administered through the Central Adoption Resource Authority). Understanding these provisions are essential for families to ensure that the adoption is legally valid and beyond challenge.

The Legal Framework

• HAMA, 1956: Governs adoptions by Hindus, Buddhists, Jains, and Sikhs. Once a valid adoption is made under Sections 6 - 11, the adopted child is deemed a natural child of the adoptive parents, acquiring equal rights including succession under Hindu succession law.

• JJ Act, 2015: Applies across religions. It regulates adoption of children who are orphaned, abandoned, or surrendered. All such adoptions must be routed through CARA to ensure transparency, prevent trafficking, and protect the child’s best interests.

  
  

Who Can Adopt?

• Married couples: Eligible subject to duration of marriage and minimum age difference between parent and child.

• Single women: May adopt a child of any gender.

• Single men: Restricted to adopting boys.

• NRIs/Foreign nationals: Permitted under JJ Act via CARA procedures, subject to inter-country adoption regulations.

  
  

 Process under the JJ Act / CARA

1. Registration on CARINGS portal.

2. Home Study Report by a recognized agency.

3. Referral and acceptance of a child declared legally free for adoption.

4. Pre-adoption foster care (in certain cases).

5. Application to the Court for an adoption order (Section 61, JJ Act).

6. Post-adoption follow-ups for a limited duration.

   
   

 Legal Status of the Adopted Child

• Under HAMA: Adopted child is deemed the natural child of the adoptive parents and severs ties with biological family (except marriage prohibitions).

• Under JJ Act: Adoption order by court gives the child the same legal status as a natural-born child.

• Rights include inheritance, maintenance, and all familial entitlements. Adoption is ordinarily irrevocable.

  
  

Documentation

• Identity, address, income, and medical proofs of adoptive parents.

• Marriage certificate, if applicable.

• Home Study Report.

• Child’s medical and legal clearance documents (birth certificate, surrender deed, etc.).

  
  

Challenges and Criticisms

• Delays & Shortages: Demand far exceeds the number of children legally free for adoption, creating long waiting periods.

• Dual legal framework: Co-existence of HAMA and JJ Act creates confusion and inconsistent outcomes.

• Exclusionary rules: Single men cannot adopt girls; joint adoption by same-sex couples is not permitted (as clarified by Supreme Court in 2022).

• Administrative hurdles: Families face delays in CARA’s processing and lack of transparency.

  
  

Practical Guidance

●      Always proceed through CARA or a recognized agency.

●      Keep flexibility about age and special-needs children to reduce waiting time.

●      Maintain a complete file of documents and orders to avoid future disputes.

●      Consult a legal expert if unsure which statute (HAMA or JJ Act) applies.

Conclusion

Adoption is not simply an act of kindness, it is a statutory mechanism that secures a child’s legal identity and the rights of the family unit. By following due process under HAMA or the JJ Act, families can ensure that the adoption is valid, enforceable, and free from future disputes. While challenges such as delays and restrictive eligibility remain, the law’s foundation rests firmly on one principle: the best interests of the child. Strengthening clarity, inclusivity, and efficiency in adoption law will ensure that more children find permanent, loving families within a secure legal framework.