Understanding Adoption Law in India: What Every Prospective Parent Should Know

This blog talks about the adoption law in India, the key laws for adoption in India, and how the law on adoption in India applies to different communities. It also explains the role of government bodies and the legal steps required for a valid adoption under adoption law India.

Why Adoption Law Matters

Adoption does not just provide a child with a home; it gives him rights, a surname and identity. Adoption law in India, in both the Hindu Adoption Act and the Juvenile Justice Act, ensures that there is protection in the adoption process, it is transparent, and protects the interests of both prospective adoptive parents and the child.





India's Two Principal Adoption Laws

There isn't a single, consistent law on adoption in India. The adoption laws in India are based upon the religion adopted by the adoptive parents:

1. Hindus, Buddhists, Jains, and Sikhs are governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA).

Important points:

●       Adoptions can be done directly (without a court)

●       Adoption must be executed according to an adoption deed

●       An adopted child has equal rights to inheritance

●       A man can adopt with the consent of his wife (if alive and able, not otherwise).

2. The 2015 Juvenile Justice (Care and Protection of Children) Act (JJ Act)

This applies to: Parsis, Jews, Muslims, Christians, and anyone adopting through a government agency.

Important Points:

●       The Central Adoption Resource Authority, or CARA, is required for adoptions.

●       Court approval is required.

●       Allows adoption irrespective of religion

●       Enforces stricter checks to prevent illegal adoption

Example: A Christian couple must adopt a child through CARA and obtain a court order under the JJ Act.

Role of CARA

CARA is the central authority that regulates adoption under the JJ Act. It maintains a national database of adoptable children and approved agencies.

All inter-country and most in-country adoptions (for non-Hindus) must go through CARA.

Basic Eligibility to Adopt

●       Adopter must be physically, emotionally, and financially stable

●       Minimum age: 25 years

●       Married couples must adopt jointly

●       Single women can adopt any child

●       Single men can adopt only boys

●       Minimum age gap of 25 years between child and adoptive parent

Legal Process of Adoption

Under JJ Act:

  1. Register on www.cara.nic.in
  2. Submit documents and undergo home study
  3. Match with a child
  4. Accept referral
  5. File adoption petition in court
  6. Receive adoption order and birth certificate

Under HAMA:

  1. Identify a child for adoption
  2. Sign an adoption deed with consent of biological parents (if alive)
  3. Keep the notariased records and register the deed.

Final thoughts

India's adoption laws are systems put in place to protect the child and provide legal recognition to adoptive parents. Importantly, adopting legally, and having the appropriate documentation is critical, no matter whether you have adopted under the JJ Act, or HAMA.

Location: no.222 2nd floor, 46, Ballygunge Circular Rd, Ballygunge, Kolkata, West Bengal 700019, India

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