Want to Adopt a Child in India? Here's What the Law Says

This blog talks about laws for adoption in India, including who can adopt, how the process works, and how adoption law in India differs based on religion.

An overview of Adoption Law in India

There is no single law on adoption in India. Rather, adoption laws differ based on your religion.

●       Hindus, Buddhists, Jains, and Sikhs follow the Hindu Adoption and Maintenance Act, 1956 (HAMA) for adoption.

●       This law allows them to adopt with full legal rights as natural parents.

●       Muslims, Christians, Parsis, and Jews do not have a personal law for adoption.

●       They may adopt a child through the Juvenile Justice (Care and Protection of Children) Act, 2015.

●       Adoption under the JJ Act gives full legal parenthood, regardless of religion.





Who Can Adopt?

According to the adoption law in India, a quick overview of who can adopt:

●       Married couples (must adopt jointly).

●       Single women of any religion.

●       Single men (but cannot adopt a girl child under JJ Act).

●       Minimum age gap between parent and child must be 25 years.

For example, a single working woman from Pune adopted a girl child under the JJ Act after registering through CARA (Central Adoption Resource Authority), the nodal agency.

What’s the Process?

●       Register with a recognized adoption agency.

●       Submit documents and undergo a home study.

●       Wait for child referral and court approval.

Delays can happen if paperwork is incomplete, so legal help is often useful.

FAQs

1. Can Muslims adopt legally in India?

Yes, under the JJ Act, since personal law doesn’t allow full adoption.

2. Is court approval mandatory?

Yes, for the adoption to be legally valid and recognized.

3. Can NRIs adopt from India?

Yes, but through specific CARA procedures and guidelines.

4. Is legal support necessary?

It’s not compulsory but highly recommended to avoid mistakes.

 

 

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

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