Adoption Laws in India: A Legal Guide for Prospective Parents

INTRODUCTION

Adoption laws in India play a crucial role in ensuring the well being and protection of children who are in need of permanent homes. Adopting a child in India is a deeply moving and life – changing decision, but there are also complex legal steps that every hopeful parent must understand.

Whether you are a couple, a single parent, or from the LGBTQ community wanting to start your family, this guide covers the basics of adoption laws in India, the role of adoption lawyers, and how to move through the system clearly. This would ensure that children in need of adoption can find loving and nurturing families more quickly, reducing the time they spend in institutional care. Furthermore, the adoption laws should also focus on promoting and facilitating adoption by single parents, LGBTQ+ individuals and couples and non- resident Indians.

UNDERSTANDING THE LEGAL FRAMEWORK OF ADOPTION INDIA.

Adoption in India is run by two main legal systems: The Hindu Adoption and Maintenance Act (HAMA) and the Juvenile Justice (Care and Protection of children) Act of 2015. Knowing which law applies to you is important.

1. Eligibility and Applicability: The HAMA cover Hindus, Jains, Buddhists and Sikhs, while the JJ Act applies as a secular law open to induvial of any religion. Adoption lawyers can help explain which system applies to your situation.
2. Single and LGBTQ+ Parent Adoption: From 1 January 2024, the JJ Act lets single people adopt regardless of gender. While adoption by same -sex couples is still debated nation single LGBTQ+ people can adopt under certain clear rules.
3. Inter -Country Adoption: Under the Hague Convention and overseen by the central Adoption Resource Authority (CARA), this process is strict and puts the child’s welfare first.
4. Guardianship vs Adoption: Non-Hindu parents may get guardianship under the guardians and Wards Act and then adopt abroad, but this needs help from adoption lawyers to keep the process legal.

KEY STEPS IN THE ADOPTION PROCESS

The legal adoption process has several steps which needs to be taken care of which are as follows:

• Registration with CARA: Every hopeful parent first signs up with CARA via its online portal. The process is clear but needs patience and complete paperwork.
• Home study by Authorized Agencies: A social worker visits your home to check the setting, finances and family readiness. This review is a main factor in approval
• Referral of a Child: A child is matched to you based on your preferences and availability. A guidance session then covers the child’s history and needs.
• Legal Proceedings and Court Orders: After matching, you apply for adoption in a court. A favorable court order makes the adoption official. At this point a free legal advice would be recommended as well as useful.

WHO IS ELIGIBLE TO ADOPT A CHILD IN INDIA?

Adoption in India is subject to certain legal restrictions to ensure the wellbeing of the child. The following individuals are ineligible to adopt:

1. Individuals with life threatening medical conditions.
2. Persons who are physically, mentally, emotionally or financially unstable.
3. Married couples with less than two years of stable marriage.
4. Married couples where one spouse does not consent to child adoption.
5. Single men are prohibited from adopting female children.
6. Couples with three or more children cannot adopt a normal child.

Age Limit for Adoption in India

Adoptive parents must adhere to specific age criteria:

1. There must be a minimum age gap of 25 years between the adoptive child and parents
2. For children up to 4 years, a single parent should not exceed 45 years, while the composite age of married couple must not exceed 90 years.
3. For children aged 4-8 years, a single parent should not be more than 50 years old, and the composite age of a married couple must not exceed 100 years.
4. For children aged 8-18, a single parent should not exceed 55 years, and the composite age of a married couple must not exceed 110 years
5. The 25- year age gap requirement and other criteria do not apply to relative adoptions or adoptions by step parents.

LATEST CASE STUDIES

Case Study1: Supreme Court Rules on LGBTQ+ Adoption rights (March 2024)

In march 2024, the supreme court made an important temporary ruling that single LGBTQ+ people can adopt under the JJ Act if they meet the usual criteria. However, it did not allow some sex- couples to adopt together. The decision has led many to seek clear advice from adoption lawyers

OVERHAULING ADOPTION PRACTICES IN INDIA

Major Challenges

1. Lengthy and Complex Adoption process: Adoption in India is plagued by a prolonged and bureaucratic process. Over 30,000 hopeful parents await adoption, while only 2,131. Children are legally available. Two – Thirds of these children have special needs, and the adoption process takes an average of three years.
2. Illegal and Unregulated Practices: Troubling cases of illicit adoption practices, including trafficking and sales of babies. Unregistered adoption agencies exploit vulnerable children and biological parents.
3. Returning Children after adoption: A concerning pattern of adoptive parents returning children, with over 1,100 cases reported by CARA in 2020. Adopted children are returned to childcare institutions within the last five years.
4. Disability and Adoption: Children with disabilities face challenges in adoption, with only 1% adopted in 2018-19. The adoption of children with special needs show a declining trend.

LEGAL PROVISIONS RELATED TO ADOPTION LAWS IN INDIA

India’s adoption system operates under three primary legislations, each applicable to different communities and circumstances:

Hindu Adoption and Maintenance Act,1956 (HAMA)

HAMA governs adoptions within the Hindu community, which includes Buddhists, Jains, and Sikhs. Key features include:

• Complete integration of the adopted child into the adoptive family
• Transfer of all legal rights and responsibilities to adoptive parents
• Provision of Inheritance rights equivalent to biological children
• Recognition of adoption as an irreversible process
• Specific religious ceremonies required to formalize adoption

Juvenile Justice (Care and Protection of Children) Act,2015 (JJ ACT)

The JJ Act represents a secular adoption law applicable to all Indian Citizens regardless of religion. It primarily focuses on:

• Rehabilitation and Social reintegration of children in need of care and protection
• Establishing a uniform adoption process through CARA (central adoption resource authority)
• Detailed procedures for declaring a child legally free for adoption
• Mandatory registration and regulation of child care institutions
• Provisions for both in country and infer country adoptions

Guardians and Wards Act,1890 (GWA)

The GWA applies primarily to non-Hindu communities (Muslims, Christians, Parsis and Jews) where religious personal laws don’t recognize complete adoption. Under this law.

• The relationship created is guardianship rather than full adoption
• Legal custody is granted until the child reaches 21 years
• The child retains inheritance rights in the biological family
• Guardianship can be terminated by court order if circumstances change
• The child religious identity usually remains unchanged

Way forward: Reforming Adoption Laws in India 

1. Introduce specific legal provisions addressing the needs and rights of working children, prioritizing their protection and ensuring access to education.
2. Streamline and enhance the adoption process, making it more efficient to reduce the duration children spend in institutional care.
3. Permit and promote adoption by single parents, LGBTQ+ induvial and couples as well as non-resident Indians. This aims to diversify prospective adoptive parents, offering every child the opportunity for a loving and supportive family
4. Implement a comprehensive and standardized system for monitoring and evaluating adoption process. This system should ensure transparency, accountability and most importantly prioritize the best interest of the child.
5. Initiate awareness and educational programs to dispel myths and misconception’s surrounding adoption. The goal is to foster a more positive culture around adoption in society, encouraging prospective parents and dispelling any unwarranted concerns.

 CONCLUSION

Adoption is more than an emotional choice; it relies on proper legal steps. In 2025 India’s system is growing more inclusive while keeping strong legal checks. Whether you are single, a couple, or form a marginalized background, having clear facts and solid advice, especially from adoption lawyers is vital. This existing adoption laws in India demand substantial reform to address the specific needs and rights of working children

References

• Vidhi Karya. Com
• Law Blend.com
• Live law.com
• Law journals.org
• Legal service. India .com