Adoption creates a permanent legal relationship between a child and their adoptive parents. It establishes parental responsibilities and affects inheritance, family status and the child's legal identity. Because these consequences are significant, an adoption must comply with the applicable law rather than rely solely on a private agreement between families.
India recognises two principal statutory frameworks for adoption: the Hindu Adoptions and Maintenance Act, 1956 (HAMA), and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), supplemented by the Adoption Regulations, 2022. These frameworks operate alongside each other but differ in their scope, eligibility requirements and procedures.
HAMA governs adoption by persons covered by its provisions, including Hindus, Buddhists, Jains and Sikhs, subject to statutory qualifications. The JJ Act provides a separate adoption route irrespective of religion in specified circumstances, including adoption of orphaned, abandoned and surrendered children, as well as relative, step-parent and inter-country adoption under the applicable provisions.
Understanding which framework applies is essential because it determines the requirements, authorities and legal consequences involved. This article outlines the principal laws, eligibility conditions, adoption procedures, relevant judicial decisions and continuing challenges.
1. Hindu Adoptions and Maintenance Act, 1956
HAMA governs adoption among persons to whom the Act applies. Sections 5–17 of HAMA address adoption and its legal consequences. Section 5 provides that an adoption made in contravention of Chapter II is void, while Section 6 identifies the essential requirements of a valid adoption.
Capacity to adopt and consent. Under Section 7, a Hindu male who has attained majority and is of sound mind may adopt, subject to the Act. If his wife is living, her consent is generally required unless a statutory exception applies, such as her having completely and finally renounced the world, ceased to be Hindu, or been declared of unsound mind by a competent court.
Section 8 governs a Hindu female's capacity to adopt. A woman who has attained majority and is of sound mind may adopt, subject to the statutory conditions. Where her husband is living, his consent is generally required unless an exception specified in the section applies.
Section 9 identifies who may give a child in adoption. Ordinarily, the father or mother has that authority, subject to the other parent's consent and the statutory exceptions. A guardian may give a child in adoption only in the circumstances specified by the Act and with the court's prior permission.
Eligibility of the child. Under Section 10, the child must be Hindu, must not already have been adopted, must generally be unmarried and must not have completed fifteen years of age. Exceptions to the age and marital-status requirements may apply where a recognised custom or usage permits them.
Section 11 establishes further conditions for a valid adoption. These include restrictions concerning the adoption of a son or daughter where the adopting parent already has a living child of the relevant category. Where a male adopts a female child, or a female adopts a male child, the prescribed age difference of at least twenty-one years must be satisfied. The section also requires the actual giving and taking of the child in adoption, subject to its terms.
These are substantive legal requirements. A registered deed or private agreement does not, by itself, cure non-compliance with the Act.
Legal consequences. Section 12 generally treats an adopted child as the child of the adoptive parent for all purposes from the date of adoption, subject to statutory exceptions. These include restrictions relating to prohibited marriage relationships and protections for certain property interests that vested before adoption.
Section 15 provides that a valid adoption cannot be cancelled by the adoptive parents or the adopted child. Section 16 establishes a rebuttable presumption of compliance where a registered document recording an adoption, signed by the giver and taker, is produced before a court.
HAMA therefore establishes a permanent legal relationship, but its validity depends on compliance with the Act. Its requirements must be distinguished from the adoption-order process under the JJ Act.
2. Juvenile Justice Act, 2015
The JJ Act provides a separate framework centred on child protection and rehabilitation. Section 56 of the JJ Act recognises adoption for orphaned, abandoned and surrendered children. It also provides for relative adoption irrespective of religion, subject to the applicable legislation and regulations, and expressly preserves adoptions made under HAMA.
Sections 57–63 of the JJ Act address eligibility, adoption procedures and legal consequences. The framework includes in-country, inter-country, relative and step-parent adoption, each subject to its applicable requirements.
Eligibility of prospective adoptive parents. Section 57 requires prospective adoptive parents to be physically fit, financially sound, mentally alert and motivated to provide a good upbringing. Where a couple adopts, both spouses must consent. Single and divorced persons may also adopt, subject to the applicable rules.
Regulation 5 of the Adoption Regulations, 2022 specifies additional eligibility requirements, including prescribed age criteria, restrictions relating to certain medical conditions and criminal convictions, and requirements concerning the age difference between the child and prospective parents. A couple must ordinarily have completed at least two years of stable marital relationship. A single male cannot adopt a girl child under this framework, whereas a single female may adopt a child of either gender.
Eligibility is assessed under the relevant statutory and regulatory provisions. Meeting the general criteria does not automatically guarantee approval.
Declaration that a child is legally free for adoption. A child cannot be placed for adoption simply because a prospective parent wishes to adopt. Under Section 38, the Child Welfare Committee determines whether an orphaned or abandoned child is legally free for adoption after the prescribed inquiry. For a surrendered child, the statutory surrender and reconsideration procedure must be completed before the child is declared legally free for adoption.
These safeguards help establish the child's circumstances and reduce the risk of unlawful transfers, trafficking or separation from family without proper inquiry. The child's best interests remain central to the process.
3. CARA and the Adoption Regulations, 2022
The Central Adoption Resource Authority (CARA) is a statutory body under the Ministry of Women and Child Development. It regulates and monitors adoption under the JJ framework and serves as India's Central Authority under the Hague Convention on Intercountry Adoption, 1993.
The Adoption Regulations, 2022 set out detailed procedures for registration, assessment, matching, pre-adoption foster care and obtaining an adoption order.
The general adoption process. For an ordinary in-country adoption of an orphaned, abandoned or surrendered child, the main stages are:
- Registration: Prospective adoptive parents register through the official Child Adoption Resource Information and Guidance System (CARINGS), following the applicable procedure.
- Home study: The authorised agency or designated functionary assesses the prospective parents' circumstances, preparedness and ability to care for a child.
- Referral and matching: A child is referred through the prescribed system. The prospective parents receive the relevant child study and medical examination reports and complete the required acceptance process.
- Pre-adoption foster care: Once the prescribed requirements are fulfilled, the child may be placed in the prospective parents' care pending the adoption order.
- Adoption order: The competent authority considers the application and must be satisfied that the adoption serves the child's welfare and complies with the applicable legal requirements, including restrictions on payments.
- Post-adoption obligations: The family and relevant authorities must comply with applicable reporting and follow-up requirements.
The exact procedure varies according to the type of adoption. Relative, step-parent and inter-country adoptions have specific requirements and should not automatically be treated as ordinary agency-based adoptions.
Who issues the adoption order? The Maharashtra position. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 amended Section 61 so that the District Magistrate, rather than the court, issues adoption orders under the JJ framework. Section 61 provides for in-camera proceedings and ordinarily requires disposal within two months from the date of filing.
Maharashtra was subject to separate litigation challenging the transfer of adoption-order powers. In Nisha Pradeep Pandya alias Nisha Amit Gor v. Union of India, Writ Petition No. 1085 of 2023, along with Writ Petition No. 205 of 2023, the Bombay High Court delivered judgment on 4 May 2026.
The Court dismissed the challenges to the statutory transfer of powers, vacated its interim order and permitted adoption matters to be dealt with by the District Magistrate. It also clarified that adoption orders passed by courts during the intervening period were to be treated as legally and validly passed. Accordingly, it would be misleading to describe the earlier interim position as the current general procedure in Maharashtra.
Anyone handling a pending or recently concluded case should nevertheless check the operative directions and the status of the individual proceeding.
4. Legal Consequences of Adoption
Adoption creates a legal parent-child relationship with consequences extending beyond day-to-day care and custody.
Under Section 12 of HAMA, the adopted child generally becomes the child of the adoptive parent for all purposes from the date of adoption, subject to the statutory exceptions. Section 63 of the JJ Act similarly provides that, once the adoption order takes effect, the child becomes the child of the adoptive parents as if born to them, including for purposes of intestate succession. The child's ties with the birth family are generally severed and replaced by those created in the adoptive family, subject to the applicable statutory provisions.
Adoption must therefore be distinguished from guardianship. Guardianship concerns legal responsibility for a child's care or property but does not, by itself, create the same permanent parent-child relationship as adoption.
A private handover or document described as an adoption deed should not be assumed to satisfy the JJ Act's requirements. Under HAMA, validity depends on compliance with its statutory conditions; under the JJ framework, the prescribed process and adoption order are required.
Legal recognition is only one part of the child's experience. Emotional adjustment, continuity of care, access to appropriate background information and the family's ability to meet developmental needs also matter. A child-centred approach should continue after the legal process is complete.
5. Judicial Authority: Shabnam Hashmi v. Union of India
In Shabnam Hashmi v. Union of India, (2014) 4 SCC 1, the Supreme Court considered whether the right to adopt and the right to be adopted should be recognised as fundamental rights, alongside the availability of a statutory adoption route irrespective of religion.
The Court recognised that the Juvenile Justice legislation provided an optional statutory route to adoption irrespective of religion, subject to the law's requirements. However, it did not declare adoption or the right to be adopted a fundamental right under Part III of the Constitution. The Court declined that relief, holding that recognition of such a fundamental right was not appropriate at that stage.
The judgment is significant because it distinguishes access to a statutory adoption framework from an unconditional constitutional right to adopt. It did not abolish HAMA or establish that every person has an unrestricted right to adopt a child.
The judgment concerned the JJ Act, 2000, as amended, rather than the detailed procedure under the current JJ Act, 2015. The present statutory framework and Adoption Regulations, 2022 govern the contemporary process.
6. Challenges in India's Adoption System
Despite the statutory framework, several issues remain relevant to the effective implementation of adoption law.
Different legal routes. HAMA and the JJ Act have different eligibility conditions, procedures and legal requirements. Although this allows adoption through distinct frameworks, it can create uncertainty for families deciding which route applies. Clear public guidance is particularly important where a proposed adoption involves relatives, a child already living with another family or a cross-border arrangement.
Procedural delays and administrative capacity. Registration, home studies, matching and verification are necessary safeguards. However, delays can prolong uncertainty for prospective parents and children awaiting permanent family placement. Section 61's two-month disposal period is intended to promote timely decisions, but the statutory deadline alone does not establish how consistently it is achieved in practice.
Improving coordination, staffing and procedural transparency should remain a priority without weakening safeguards designed to protect children.
Awareness and informal arrangements. Some families may assume that an agreement with a child's biological parents, a private handover or a registered document is sufficient to complete an adoption. Such assumptions can create serious legal problems. The applicable statutory route must be followed, including the prescribed consent, eligibility and approval requirements.
Public awareness should explain not only how to adopt but also why informal transfers cannot automatically establish a valid legal adoption.
Inclusion and long-term welfare. Eligibility rules raise continuing questions about access to adoption, different family circumstances and the balance between equality and child-protection requirements. These issues should be examined against the governing legislation and judicial decisions rather than presented as already settled.
Adoption policy should also be assessed by more than the number of applications or orders completed. Children may need counselling, support during family adjustment and assistance in understanding their background. Appropriate post-adoption services can help families meet these needs while respecting the child's dignity and developing autonomy.
Conclusion
India's adoption framework combines personal law, child-welfare legislation and administrative regulation. HAMA governs adoption within its statutory scope, while the JJ Act provides a separate route for specified categories of adoption irrespective of religion. CARA and the Adoption Regulations, 2022 support the latter framework through prescribed procedures and safeguards.
Judicial decisions also shape the legal position. Shabnam Hashmi clarified the availability of a statutory adoption route irrespective of religion without recognising adoption as a fundamental right. The Bombay High Court's judgment of 4 May 2026 resolved the challenge to transferring adoption-order powers to District Magistrates in Maharashtra, while protecting the validity of orders passed during the intervening period.
Ultimately, adoption law must secure both the permanence of the parent-child relationship and the child's welfare. Accurate legal guidance, efficient procedures and appropriate post-adoption support are essential to ensuring that adoption provides a stable and protective family environment.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. The applicable law and procedure should be verified for the circumstances of each case.