Types of Adoption: Domestic, International, Foster, and More
What are the different types of adoption recognised under Indian law?
Indian law recognises several types of adoption, each governed by specific statutes and procedures. The primary categories are domestic adoption, inter-country (international) adoption, relative adoption, and foster care leading to adoption. The legal framework is primarily drawn from the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), the Hindu Adoptions and Maintenance Act, 1956 (HAMA), and the Guardians and Wards Act, 1890 (GAWA).
Domestic adoption refers to the adoption of an Indian child by Indian citizens residing in India. This is the most common form and is governed by either the JJ Act for all children (regardless of religion) or HAMA for Hindus, Buddhists, Jains, and Sikhs. International adoption involves Indian children being adopted by foreign citizens or Non-Resident Indians (NRIs). This process is strictly regulated by the Central Adoption Resource Authority (CARA) under the JJ Act to prevent trafficking and ensure the child's welfare. Foster care, while not adoption itself, can be a pathway to adoption when a child placed in foster care becomes legally free for adoption.
How does domestic adoption work under the Juvenile Justice Act?
Domestic adoption under the JJ Act is secular and applies to all citizens regardless of religion. The process is managed through CARA's online portal, Child Adoption Resource Information and Guidance System (CARINGS). Prospective adoptive parents must register on this portal and complete a home study conducted by a recognised Specialised Adoption Agency (SAA). The SAA assesses the family's financial stability, health, and motivation.
Under Section 56 of the JJ Act, any child who is orphaned, abandoned, or surrendered, or who is legally free for adoption, can be placed for adoption. The Act mandates that the child's consent is obtained if the child is above six years of age. The court (District Magistrate or Civil Court) passes the adoption order after verifying that all legal procedures have been followed. Once the order is passed, the adopted child is treated as the biological child of the adoptive parents for all legal purposes, including inheritance under the Indian Succession Act, 1925 or the Hindu Succession Act, 1956, depending on the parents' religion.
What is the difference between adoption under HAMA and the JJ Act?
The Hindu Adoptions and Maintenance Act, 1956 applies only to Hindus, Buddhists, Jains, and Sikhs. Under HAMA, a Hindu male or female can adopt a child, but certain conditions apply. A Hindu male must have the consent of his wife (unless she has renounced the world or is of unsound mind). A Hindu female can adopt independently if she is unmarried, divorced, or widowed. The child must be capable of being adopted, meaning the child must be Hindu and not already adopted.
The JJ Act, on the other hand, is secular and applies to all religions. It allows adoption of children who are declared legally free for adoption by the Child Welfare Committee. Under HAMA, the adoptive parent must be at least 21 years old and at least 21 years older than the child. Under the JJ Act, the minimum age difference is 25 years, and the maximum age of the adoptive parents is capped at 55 years. HAMA does not require a home study or registration with CARA, while the JJ Act mandates these procedures. Many families prefer HAMA for relative adoptions (e.g., adopting a nephew or niece) because it is simpler and does not require court intervention beyond a deed of adoption.
How does international adoption work for Indian children?
International adoption, also called inter-country adoption, is governed by the JJ Act and CARA guidelines. It is permitted only when a child cannot be placed with Indian families despite reasonable efforts. Under Section 59 of the JJ Act, no child can be given in adoption to foreign citizens unless CARA has given prior approval. The process begins with the child being declared legally free for adoption by the Child Welfare Committee.
Prospective foreign parents must approach their country's Central Authority, which then coordinates with CARA. The foreign parents must be eligible under their own country's laws and must complete a home study. CARA then matches the child with the prospective parents based on the child's needs and the parents' profile. The adoption order is passed by the District Magistrate or Civil Court in India. After the order, the child's passport is issued, and the child travels to the adoptive parents' country. The adoptive parents must submit post-adoption follow-up reports to CARA for two years. NRIs and Overseas Citizens of India (OCIs) are treated as domestic adopters under the JJ Act, not as international adopters.
What is foster care and how does it lead to adoption?
Foster care is a temporary arrangement where a child is placed with a family for care and protection while the child's biological parents are unable to care for them. Under Section 44 of the JJ Act, foster care is intended for children who cannot be placed for adoption immediately, such as children whose parents are undergoing treatment or are in prison. The foster family receives a monthly maintenance allowance from the government.
Foster care can lead to adoption only if the child becomes legally free for adoption. This happens when the biological parents surrender the child, or the Child Welfare Committee declares the child abandoned after a thorough inquiry. In such cases, the foster family may be given priority to adopt the child, provided they meet the eligibility criteria under the JJ Act. However, foster care itself is not adoption. The foster family has no legal rights over the child until an adoption order is passed by the court. The Guardians and Wards Act, 1890 may also be used for foster care arrangements where the child is not legally free for adoption, but this does not confer adoptive rights.
What You Should Do Next
Adoption law in India involves multiple statutes and procedures depending on your religion, residency, and the child's background. You should consult a family-law advocate who can assess your eligibility and guide you through the correct legal pathway. An advocate will also help you prepare the necessary documentation 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.