What Is Adoption? Types, Process, and Legal Overview
What is adoption under Indian law?
Adoption is the legal process through which a person assumes the parenting rights and responsibilities of a child who is not their biological offspring. In India, adoption is not a uniform concept—it is governed by different statutes depending on the religion of the adoptive parents and the category of the child. For Hindus, the Hindu Adoptions and Maintenance Act, 1956 (HAMA) provides the framework. For persons of any religion, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) governs adoption of children declared legally free for adoption by Child Welfare Committees.
Under HAMA, only a Hindu can adopt a Hindu child, and the Act lays down specific capacity requirements. Section 7 of HAMA states that any male Hindu who is of sound mind and not a minor has the capacity to take a son or daughter in adoption. Section 8 provides similar capacity for female Hindus, with the additional condition that a married woman cannot adopt without her husband's consent unless the husband has ceased to be a Hindu or has renounced the world. The JJ Act, on the other hand, is secular and applies to all citizens regardless of religion. It establishes the Central Adoption Resource Authority (CARA) as the nodal body to regulate inter-country and intra-country adoptions.
What are the types of adoption available in India?
Indian law recognises two primary types of adoption: adoption under HAMA and adoption under the JJ Act. Adoption under HAMA is a private arrangement between the biological parents and the adoptive parents, though it must comply with the statutory conditions. Section 11 of HAMA requires that the child must be capable of being adopted, the adoptive parent must have the capacity to adopt, and the adoption must be completed through a ceremony called "datta homam" or any other equivalent ceremony. No court order is required for a valid HAMA adoption, but registration of the adoption deed is advisable.
Adoption under the JJ Act is a court-monitored process. Section 56 of the JJ Act states that adoption of a child from an orphanage, a child care institution, or a relative's care must be processed through CARA. This type of adoption is further divided into: (a) in-country adoption, where both the child and adoptive parents are residents of India; (b) inter-country adoption, where the adoptive parents are Non-Resident Indians, Overseas Citizens of India, or foreign nationals; and (c) relative adoption, where a relative of the child adopts under the JJ Act. Additionally, the Guardians and Wards Act, 1890 allows for guardianship, which is not full adoption but grants custody and care rights, often used by non-Hindu parents who cannot adopt under HAMA.
What is the process for adoption under the Juvenile Justice Act?
The process under the JJ Act is structured and involves multiple stages. First, prospective adoptive parents must register with a Specialised Adoption Agency (SAA) or through the CARA online portal. After registration, the agency conducts a home study report, which includes interviews, home visits, and assessment of the family's financial and emotional readiness. Section 57 of the JJ Act requires that the home study report be completed within 30 days of registration.
Once the home study is approved, the prospective parents are placed in a waiting list based on the date of registration. When a child is declared legally free for adoption by the Child Welfare Committee, the SAA matches the child with the parents. The parents then receive a referral containing the child's medical and social background. If they accept the referral, they must visit the child and file a petition before the District Court or the Family Court under Section 61 of the JJ Act. The court issues the adoption order after verifying that all legal requirements are met. The adoption order is final and cannot be revoked. After the order, the child's birth certificate is reissued with the adoptive parents' names.
What are the legal effects of adoption in India?
The legal effects of adoption are significant and permanent. Under Section 12 of HAMA, an adopted child is deemed to be the child of the adoptive parent for all purposes, including inheritance. The child severs all ties with the biological family and acquires the rights and obligations of a natural-born child in the adoptive family. The adoptive parent becomes the legal guardian and is responsible for the child's maintenance, education, and welfare.
Under the JJ Act, Section 63 provides that an adopted child is entitled to all the rights and privileges of a biological child, including inheritance rights under the Indian Succession Act, 1925 or the Hindu Succession Act, 1956, depending on the religion of the adoptive parents. The adoption order also extinguishes all legal relationships between the child and the biological parents. However, for non-Hindu parents who adopt under the Guardians and Wards Act, 1890, the child does not acquire inheritance rights automatically—the child remains a ward, not a legal heir, unless the parents execute a will or the child is later adopted under the JJ Act.
What You Should Do Next
If you are considering adoption, consult a family-law advocate who can assess which legal route applies to your religion and circumstances. An advocate will guide you through the documentation, court procedures, and compliance with CARA or HAMA requirements.
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.