Procedure for Adoption of a Child Within Family in India
Adoption Within Family in India: Procedure
Adoption laws in India mainly come under:
The Hindu Adoption and Maintenance Act, 1956 (HAMA) — applicable to Hindus, Buddhists, Jains, and Sikhs.
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) — applicable for all, including non-Hindus, through the Central Adoption Resource Authority (CARA) regulations.
Personal laws and customs also govern some communities.
Adoption Within the Family (HAMA Perspective)
Under the Hindu Adoption and Maintenance Act (HAMA), 1956, adoption within the family is legally recognized and encouraged.
The adoptee must be a minor (usually below 18 years).
Adoption can be done by a single person or a couple, and the adopter must be capable of giving the child a proper upbringing.
Stepwise Procedure for Adoption Within Family
1. Eligibility Check
The adopter(s) must be Hindu (or other communities where HAMA applies).
They should be of sound mind and financially capable.
The child should be legally free for adoption (i.e., not subject to any guardianship or custody dispute).
2. Consent
If the child is above 5 years old, their consent is required.
If the child is under 5, consent of the natural parents or guardian is mandatory.
In case of orphan or abandoned child, no consent from biological parents is needed.
3. Adoption Agreement
Within family, adoption can be informal (customary) but it is always safer and advisable to document it legally.
A formal adoption deed may be drafted, detailing the adoption and rights transferred.
4. Registration of Adoption
Though not mandatory under HAMA, it is highly recommended to register the adoption deed with the local registrar of births and deaths or other competent authority.
Registration creates a legal proof of adoption.
5. Changing Child’s Name and Birth Certificate
After adoption, the child's name can be changed to reflect the adoptive family.
Parents can apply to update the child’s birth certificate with the new name and adoptive parents’ details.
Adoption of Child Within Family Under Juvenile Justice Act (For All Communities)
The JJ Act and CARA regulations cover adoption for all religions and non-Hindus.
When the child is within the family (like a relative or close kin), a simpler process may apply.
CARA encourages prospective adoptive parents to apply through recognized adoption agencies, even for intra-family adoptions, for legal safeguards.
Approval by the adoption agency and Child Welfare Committee (CWC) is required.
A legal adoption order is issued by the competent court or authority.
Important Points
Adoption severs the legal ties of the child with the biological parents and creates a new parent-child relationship.
Family adoption is often preferred for ease and emotional bonding but must comply with legal formalities to avoid future disputes.
Adoption outside the family involves more formal procedures, including home study reports and approvals by CARA or state authorities.
Summary
| Step | Description |
|---|---|
| 1 | Check eligibility of adopter and child |
| 2 | Obtain consent from biological parents/guardian |
| 3 | Draft and execute formal adoption deed |
| 4 | Register adoption deed with local authorities |
| 5 | Update child's name and birth certificate |
| 6 | In case of JJ Act adoption, get approval from CWC |
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