Adoption Eligibility Checklist: Do You Qualify?
What are the basic eligibility requirements for adopting a child in India?
The primary eligibility criteria for adoption in India are governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Hindu Adoptions and Maintenance Act, 1956 (HAMA). Under the JJ Act, any person, irrespective of religion, can adopt a child through the Central Adoption Resource Authority (CARA) framework. For Hindus, adoption is also governed by HAMA, which applies to Hindus, Buddhists, Jains, and Sikhs.
Under Section 57 of the JJ Act, a prospective adoptive parent must be physically, mentally, and emotionally stable, financially capable, and must not have any life-threatening medical condition. The prospective parent must be at least 25 years old. For a couple, the combined age must be at least 25 years, and the minimum age difference between the child and the adoptive parent must be 25 years. A single woman can adopt a child of any gender, while a single male can only adopt a male child.
Can a single person adopt a child in India?
Yes, a single person can adopt a child in India. Under the JJ Act, a single female is eligible to adopt a child of any gender. A single male, however, can only adopt a male child. This distinction is based on the guidelines issued by CARA under the Adoption Regulations, 2017.
The minimum age for a single prospective adoptive parent is 25 years. The maximum age for a single parent adopting a child aged 0–4 years is 45 years; for a child aged 5–8 years, the maximum age is 50 years; and for a child aged 9–15 years, the maximum age is 55 years. These age caps are designed to ensure the parent can care for the child until adulthood. A single parent must also demonstrate financial stability and emotional readiness through the home study report prepared by a recognised agency.
What are the eligibility criteria for a married couple to adopt?
A married couple must meet several conditions to adopt a child under the JJ Act. The couple must have been married for at least two years at the time of applying. Both spouses must consent to the adoption. The minimum combined age of the couple must be 25 years, and the maximum combined age depends on the child's age bracket.
For a child aged 0–4 years, the maximum composite age of the couple is 90 years. For a child aged 5–8 years, the maximum composite age is 100 years. For a child aged 9–15 years, the maximum composite age is 110 years. Additionally, the age difference between the child and each adoptive parent must be at least 25 years. The couple must not have more than four children already, unless they are adopting a child with special needs or a relative's child. These rules are found in the Adoption Regulations, 2017, framed under Section 68 of the JJ Act.
What documents are required to prove eligibility for adoption?
To establish eligibility, prospective adoptive parents must submit a set of documents to the Specialised Adoption Agency (SAA) or CARA. These include proof of identity (Aadhaar card, passport, or voter ID), proof of residence, proof of income (salary slips, IT returns, or bank statements), and a medical certificate from a registered medical practitioner confirming the absence of life-threatening conditions.
For married couples, a marriage certificate or affidavit of marriage is required. A divorce decree or death certificate of a former spouse is needed if applicable. A home study report, prepared by a social worker from a recognised agency, assesses the family's financial, emotional, and social readiness. Photographs of the family and home are also required. Under Section 59 of the JJ Act, the court must be satisfied that the adoption is in the child's best interest, and these documents form the basis of that satisfaction.
What disqualifies a person from adopting a child in India?
Certain conditions disqualify a person from adopting a child. A person with a history of child abuse, neglect, or abandonment is ineligible. A person convicted of a criminal offence involving moral turpitude or violence against a child is disqualified. A person with a life-threatening medical condition, such as terminal cancer or advanced HIV/AIDS, may be disqualified unless the condition is well-managed and does not impair parenting capacity.
Under Section 57(4) of the JJ Act, a person who has been declared bankrupt or insolvent is not eligible. A person with a mental illness that renders them incapable of caring for a child is also disqualified. The Adoption Regulations, 2017, further state that a couple with a marital dispute pending in court may be disqualified until the dispute is resolved. These disqualifications are assessed during the home study and by the court before granting an adoption order.
What You Should Do Next
If you believe you meet the eligibility criteria, consult a family-law advocate who handles adoption matters. Your advocate will help you prepare the required documents, guide you through the home study process, and represent you before the court or CARA.
This page provides preliminary legal information about India Law. It is not legal advice and does not create an advocate-client relationship. For your matter, book a consultation with a licensed advocate.