Adoption Laws in India
Legal Framework
1. Hindu Adoptions and Maintenance Act, 1956 (HAMA)
Applies to Hindus, Jains, Sikhs, and Buddhists.
Establishes full legal adoption, granting the child all rights as a biological child—including inheritance—and terminating ties with the biological family
Key conditions include:
The child must be under 15 (except by custom), unmarried, and not already adopted
The adopter must meet criteria, such as age difference (typically 21 years older) and not have a same-sex biological or adopted child
2. Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
A secular law applicable to all religions, allowing adoption of orphans, abandoned, or surrendered children.
Establishes the Central Adoption Resource Authority (CARA) as the statutory and nodal body overseeing both domestic and inter‑country adoptions.
Amendments in 2021 empowered District Magistrates to issue adoption orders (earlier only courts could do so) and introduced Adoption Regulations, 2022 for streamlined processes and real-time transparency.
Only one single male may adopt a male child; single females can adopt any gender. There must be a sensible age gap (usually ~25 years).
NRIs/OCIs are treated on par with resident Indians; foreign nationals can adopt only "hard‑to‑place" children, and must meet Hague Convention compliance and obtain NOCs.
3. Guardians and Wards Act, 1890 (GWA)
Applies to Muslims, Christians, Parsis, Jews, or others excluded from HAMA. It provides guardianship, not adoption. Guardianship ends when the ward turns 21, and does not confer inheritance rights or full parental status.
Implementation and Oversight by CARA
CARA oversees both domestic and inter‑country adoptions, maintains the adoption registry, and ensures eligibility evaluation and ethical standards.
Recent Adoption Regulations (2022) have improved transparency and speed: Real-time updates, online matching, and prioritization of Indian residents
Trends, Challenges & Judicial Developments
Adoption delays remain significant: As of early 2025, courts noted waiting periods averaging 3.5 years for infants, with a high imbalance between prospective parents (~35,000) and available children (~2,400)
Instances of illegal adoptions have occurred, leading to disciplinary action—such as dismissal of CWC officials in a 2024 case involving a newborn illegally sold.
Landmark judgments reinforce inclusive adoption rights:
Shabnam Hashmi v. UOI (2014): Secured adoption rights for Muslims under JJ Act.
Lakshmi Kant Pandey v. UOI (1984): Laid groundwork for inter‑country adoption and led to CARA's formation.
ABC v. State (2015): Recognized rights of unwed mothers.
Stephanie Joan Becker (2013): Allowed single foreign parent adoption for special‑needs child.
At a Glance: Adoption Laws Summary
| Law/Act | Applicable To | Provides Adoption? | Key Points |
|---|---|---|---|
| HAMA 1956 | Hindus, Jains, Sikhs, Buddhists | Yes (full legal adoption) | Full parental rights; inheritance; restrictions on eligibility and age |
| JJ Act 2015 | All religions (secular) | Yes (primarily OAS children) | CARA-led, secular, both domestic and inter-country adoptions |
| Guardians & Wards Act | Non-Hindus (Muslims, Christians, Parsis) | No (guardianship only) | Temporary guardianship; no inheritance or full parental status |
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