Who can be Adopted?

Adoption under Non-Religious Law

Under the non-religious law on adoption,¹ the following children can be adopted: 

• If the children given below are declared legally free for adoption by the Child Welfare Committee:
  • Any orphan who is a child without biological parents, adoptive parents or a legal guardian. ² 
  • Abandoned child who is a child  deserted by their biological parents.
  • Surrendered child who is a child who has been given up by the parents to the adoption authorities. 
• Child of a relative. ³ 
• Child of a spouse who is surrendered by the biological parent, to be adopted by the step-parent. 

Adoption under Hindu Law

Under the Hindu law on adoption,⁴ children can be adopted only if they meet the following criteria,⁵ with some exceptions based on customs and usage: 

• They are not married
• They are below 15 years of age
• They are Hindu
• They are not already adopted

1. Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
2. Section 1(4), Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
3. Section 56(2), Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
4. Hindu Adoption and Maintenance Act, 1956. [↩]
5. Section 10, Hindu Adoption and Maintenance Act, 1956. [↩]