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The Legal Process of Adoption in India
Adoption is a legal way for a child to become part of a family through the law.
In India, the adoption process depends on several factors including the type of adoption, the child’s situation, the religion and circumstances of the adoptive parents, and whether it is a domestic, relative, step-parent, or international adoption.
For adoptions covered by the Juvenile Justice (Care and Protection of Children) Act, 2015, the Central Adoption Resource Authority (CARA) and the Adoption Regulations, 2022 are the main rules that apply.
This Act allows for the adoption of orphaned, abandoned, and surrendered children.It also covers relative adoptions and international adoptions.
Laws Governing Adoption in India
Adoption in India is not controlled by just one law in every case.
The Juvenile Justice (Care and Protection of Children) Act, 2015 gives a secular way to adopt children.
Under this law, Indian parents can apply to adopt an orphan, abandoned, or surrendered child following certain steps.The Act also sets out who can adopt, who can give up a child, and the conditions needed for a valid adoption.It also outlines rules for international adoptions.
For Hindu adoptions, the Hindu Adoptions and Maintenance Act, 1956 (HAMA) is the main law.
This law sets out who can adopt, who can give a child up for adoption, and the conditions for a valid adoption.
Therefore, the first thing to figure out is which law applies to a particular family and child.
Who Can Adopt a Child in India?
According to the Adoption Regulations, 2022, people who want to adopt must be physically, mentally, emotionally, and financially ready to take care of a child.
They should not have a serious medical condition and should not have been convicted of a crime or be accused of violating children's rights.
Married couples usually need both spouses to agree.
A single woman can adopt a child of any gender, but a single man cannot adopt a girl child under the CARA rules.
The regulations also set age requirements based on the child's age.
There should generally be at least a 25-year age difference between the child and the adoptive parent, but there are exceptions for relative and step-parent adoptions.
It’s important to check if someone is eligible before starting the adoption process because just being registered doesn’t mean a child will be matched for adoption.
Step 1: Registration for Adoption
If the adoption is through the CARA system, the process starts with the online registration system.
The Adoption Regulations, 2022 define a Designated Portal as the Child Adoption Resource Information and Guidance System, or another system approved by the government to help with adoption.
Applicants need to provide their information and documents and share their preferences as per the process.
It is important that all information given during registration is correct because the Home Study Report and other assessments depend on what is provided.
Step 2: Home Study and Eligibility Assessment
A Home Study is a key part of the adoption process.
This study helps to see if the adoptive parents are fit and able to care for a child.
It looks at the family’s situation, financial status, health, living conditions, motivation, and other important factors.
The Adoption Regulations, 2022 require adoptive parents to meet certain eligibility rules.
The Home Study Report is part of the process to check if they are suitable.The report also needs to be reviewed every three years.
Step 3: Child Referral
Once the adoptive parents are found to be eligible and suitable, a child who is legally available for adoption can be referred according to the proper procedure.
A child cannot simply be taken from a child care center by the adoptive parents.
The child must be legally free for adoption, and the process must follow the set rules.
For children who are orphans or have been abandoned, the Child Welfare Committee plays a major role in deciding if the child can be legally adopted.
The Adoption Regulations, 2022 clearly define what it means for a child to be legally free for adoption, based on the decision made under the Juvenile Justice Act.
Step 4: Looking at the Child's Background
When a child is referred for adoption, the future adoptive parents may get important information like the Child Study Report and medical records, as per the adoption process.
The parents should look carefully at all the information provided and understand the child's medical, developmental, and social background before making a decision.
Adoption is a long-term legal and personal commitment.
Therefore, the decision should be made with the child's best interests and the family's ability to provide a stable home in mind.
Step 5: Accepting the Child and Pre-Adoption Foster Care
After the child is accepted according to the proper process, the Specialised Adoption Agency may place the child in pre-adoption foster care with the prospective adoptive parents.
For Indian adoptive parents, Section 58 of the Juvenile Justice Act says that after the child is accepted, the Agency places the child in foster care with the parents and files an application with the District Magistrate to get the adoption order.
This is an important stage because just placing the child with the parents does not complete the legal adoption process.
Step 6: Getting the Adoption Order
The proper authority then reviews the adoption application according to the Juvenile Justice Act and the Adoption Regulations.
With recent changes, adoption orders under the Juvenile Justice framework are now issued by the District Magistrate, not by courts as before.
Section 58 of the Act specifically mentions filing the application with the District Magistrate.
Once the adoption order is given, the Specialised Adoption Agency gives the certified copy to the adoptive parents and follows up according to the rules.
Relative and Step-Parent Adoption
The process may be different if the adoption involves a relative or a step-parent.
The Juvenile Justice Act recognizes the adoption of a child by a relative, regardless of religion, as long as it follows the Act and the rules.
The Adoption Regulations also have separate procedures for relative and step-parent adoptions.
In some cases, the adoptive parents must file their application with the Family Court, District Court, or City Civil Court, depending on the process.
Because these adoptions have different rules and consent requirements, they should not be treated the same as the regular CARA process for orphans, abandoned, or surrendered children.
Adoption Under the Hindu Adoptions and Maintenance Act
If the adoption is under the Hindu Adoptions and Maintenance Act (HAMA), then the HAMA framework applies.
HAMA sets out specific conditions for a valid adoption, including the ability and right of the person adopting, the ability of the person giving up the child, the eligibility of the child, and following all other legal requirements.
The Act also mentions who can be adopted and conditions like age and marital status, subject to any exceptions in the law.
Therefore, anyone considering adoption should first decide if the adoption should go through HAMA or the Juvenile Justice/CARA process.
Documents Usually Required for Adoption
The exact papers needed depend on the type of adoption and the applicants.
These may include:
- Proof of identity and address
- Photographs
- Marriage certificate if needed
- Proof of income
- Medical reports
- Residential documents
- Information about existing children
- Consent forms where required
- Child-related records
- Court or authority documents for relative or step-parent adoptions
- Other documents required by CARA or the relevant authority
Applicants should provide honest and complete information and keep copies of all documents they submit during the process.
International Adoption
Adoption across countries is subject to extra rules and protections.
The Juvenile Justice Act says that international adoptions must follow the Act and the regulations set by the Authority.
The Adoption Regulations, 2022 also have specific procedures for adoptive parents who live outside India and for the adoption of children from other countries.
Such cases may involve the receiving country's Central Authority or authorized adoption agency, CARA, Indian diplomatic missions, and other relevant authorities, depending on the specific situation.
Why Legal Advice Can Be Important
Adoption affects a child's legal status, parental rights, consent, documentation, and long-term family relationships.
Choosing the wrong legal route or trying an informal adoption can lead to serious legal issues.
A lawyer who specializes in adoption matters can help with:
- Identifying the right adoption law
- Checking if you are eligible for adoption
- Reviewing the necessary documents
- Explaining CARA-related procedures
- Assisting with relative or step-parent adoption
- Preparing or checking adoption applications
- Explaining court processes or authority procedures if needed
- Reviewing adoption orders and related records
- Offering guidance on legal issues that might come up after adoption
It is important to always keep the child's best interests and well-being at the center of the adoption process.
Common Mistakes to Avoid
Prospective adoptive parents should be careful not to:
- Take a child through an informal private arrangement
- Pay unauthorized people to help with adoption
- Provide incorrect information during registration
- Overlook medical or background information
- Think that registration automatically leads to a child being referred
- Confuse foster care with a completed adoption
- Use the wrong legal steps for relative or step-parent adoption
- Wait too long to get legal advice if there is a dispute or consent issue
The safest way is to follow the official adoption process and use recognized authorities and agencies.
Conclusion
The legal process of adoption in India includes steps like eligibility checks, registration, documentation, home study, child referral, acceptance, pre-adoption foster care, and completing the required legal adoption process.
The exact steps depend on whether the adoption is done under the Juvenile Justice Act and CARA framework, HAMA, or the special procedures for relative, step-parent, or inter-country adoption.
Since adoption directly impacts a child's legal and family status, prospective adoptive parents should check the current CARA regulations and relevant laws before taking any action.
In cases involving disputed consent, relative adoption, step-parent adoption, inter-country adoption, or other legal issues, getting professional legal advice can help clarify the correct procedure.