Theme: Adoption

What are the main authorities that regulate adoption in India?

The following authorities do adoption work in India:

  • Central Adoption Resource Authority – It  is the central authority in charge of monitoring and regulating adoptions in India, receiving applications for inter-country adoptions, maintaining a database of children to be adopted, etc. Each state has a subset of this authority known as the State Adoption Resource Agency which works for the promotion, facilitation, monitoring and regulation of adoption in the states. 
  • Child Welfare Committee – It takes cognizance of the children brought before it, conducts enquiry and declares them free for adoption, etc. 
  • District Child Protection Unit – It aims to identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee, tracking the progress of children legally free for adoption, etc. 
  • Specialized Adoption Agencies – It is responsible for the care, protection and well-being of every child in its charge, and works for their needs. 

 

The following authorities are in-charge of inter-country adoptions (adoption of children who are foreigners or foreigners adopting Indian children):

  • Authorised Foreign Adoption Agency – It registers the prospective adoptive parents interested to adopt children from India and completes their Home Study Report, provides orientations to the parents about the child’s culture, etc.
  • Indian Diplomatic Missions – It registers the adoption applications of Non-Resident Indian Prospective Adoptive Parents or Overseas Citizens of India in the Child Adoption Resource Information and Guidance System, and processes them, etc. 

Can same sex couples adopt in India?

Although LGBTQ+ persons can adopt in India, same sex couples cannot. If you are a same sex couple, you may adopt a child separately and raise him/her together, but both you and your spouse cannot be legal parents of that child in India.

How is it decided who gets to adopt a child first, if multiple people have applied for adoption?

The decision is taken on the basis of seniority of prospective adoptive parents. Seniority is calculated from the date of successful registration, including submission of documents.(( Regulation 41, Adoption Regulations, 2017.)) For example, if Mini registered on 1st May, 2019, and Sita registered on 28th May, 2019, Mini is senior to Sita in terms of eligibility to adopt a child.

What is a home study report?

A home study is a report, valid for 3 years, conducted by the Specialised Adoption Agency (SAA) closest to your residence to determine your eligibility and suitability to adopt a child, and it includes details like social and economic status, family background, description of home and atmosphere therein and health status.(( Regulation 2(11), Adoption Regulations, 2017.)) This report will be completed within 30 days of your registration, and posted on the Child Adoption Resource Information and Guidance System (CARINGS). Please see here for more information. 

What is the difference between adoption and guardianship?

Adoption is different from guardianship. A guardian is a person who cares for a child or for his property till the child becomes an adult (turns 18 years old), but it does not create lasting  legal or familial ties like adoption. For example, Aman’s parents are not alive anymore so his uncle may apply for guardianship. As Aman’s guardian, his uncle has the legal responsibility of his upbringing, property, major financial decisions etc. 

There are two main legislations on guardianship:

If you belong to any religious community except Hindu, you can refer to the Guardians and Wards Act, 1890.

Adoptive parent provide the child nothing with care

If anyone who has charge of or control over a child assaults, abandons, abuses, exposes or deliberately neglects the child, causing the child unnecessary mental or physical suffering, that person can be punished be punished with imprisonment for up to three years and/or a fine of Rupees one lakh.(( Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015.))

Also, for any general adoption by a parent in India, a Specialised Adoption Agency (SAA) has to prepare a post-adoption follow-up report every six months for two years after the child has been placed with the adoptive parents.(( Regulation 13(1), Adoption Regulations, 2017.)) In case the child is having any adjustment problems with the adoptive parents, the SAA has to arrange counseling for such adoptive parents and adoptees.(( Regulation 13(5), Adoption Regulations, 2017.))

If a child is not able to adjust with the adoptive family, an application can be filed by the SAA in the Court which gave the adoption order, asking the Court to invalidate the adoption.(( Regulation 13(7), Adoption Regulations, 2017.)) If the adoption is terminated by the Court, the child can again be put up for adoption by other prospective parents.(( Regulation 13(8), Adoption Regulations, 2017.))

If the child is a Hindu and has been validly adopted by a Hindu parent under the Hindu Adoptions and Maintenance Act, the adoption cannot be cancelled by the adoptive father or mother or any other person, and the adopted child cannot give up the adopted status and return to the family of birth.(( Section 15, Hindu Adoptions and Maintenance Act, 1956.))

What is Adoption?

Adoption is1 the process through which a prospective adoptive parent(s) lawfully assumes the responsibility of a child, including all the rights, privileges and responsibilities that have already been given to the child. After the legal formalities of adoption are done, the child is permanently separated from their biological parents and is assumed to be the child2 of the adoptive parents.

In India, the laws on adoption are based on the religion of the parents and the child. You can choose which law applies to you from the options given below.

If you are a Hindu, Buddhist, Jain and Sikh

If you are a Hindu, Buddhist, Jain or Sikh (referred to collectively as Hindu) then you have the option of adopting under the Hindu adoption law known as the Hindu Adoptions and Maintenance Act, 1956 (HAMA). It provides for adoption of Hindu children.3 You cannot adopt under this law if you are a Muslim, Christian, Parsi, or Jew, or from the Scheduled Tribes.4 If you want to adopt under the Hindu law, read more here.

All other religions

If you do not want to or cannot adopt under a religious law, then you have the option of adopting under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which is a general adoption law under which any person of any religion5 can adopt, including Hindus, Scheduled Tribes, etc. Read more to understand how the process of adoption works under this law.

See the table given below if you want to understand which law you should adopt under: 

Hindu Adoption and Maintenance Act, 1956 (HAMA)

(Hindu Law)

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

(Non-Religious Law)
Adoptive parents can only be Hindu, Buddhist, Jain or Sikh. You cannot adopt under this law if you are a Muslim, Christian, Parsi, Jew, or from the Scheduled Tribes. Adoptive parents can be of any religion, caste, or tribe.
Only Hindu children can be adopted. Any child of any religion can be adopted.
Children up to 15 years can be adopted. Children up to 18 years can be adopted.
Procedure to adopt is not given in detail. Usually, a deed is executed to adopt the child. The procedure for adoption is different for different categories, depending on who you are:

 

  1. Section 2(2), Juvenile Justice (Care and Protection of Children) Act, 2015; Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  2. Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015 [↩]
  3. Section 2(1), Hindu Adoption and Maintenance Act, 1956. [↩]
  4. Section 2(2), Hindu Adoption and Maintenance Act, 1956. [↩]
  5. Section 56 (1),  Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]

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. [↩]

Who can Adopt?

Adoption under Non-Religious Law

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) you(( Regulation 5, Adoption Regulations, 2017.)) must meet the following conditions to be considered as a prospective adoptive parent:

Health 

  • You must be physically fit i.e. you have no life threatening medical condition
  • You must be financially sound, mentally and emotionally stable, and highly motivated to adopt a child for providing a good upbringing.

Marital Status

  • Single Adoptive Parent: It does not matter if you are married or if you already have children i.e. a single/divorced/married person with a child can adopt a child. If you want to adopt a girl child, you must be a woman, as a single female can adopt both male and female children. However, as a single father, you cannot adopt a girl child. 
  • Married Adoptive Parent: In case of a married couple, both spouses must consent to the adoption. In case of a married couple, a married couple must have had at least two years of stable marital relationship.

Existing Children

Couples with three or more children shall not be considered for adoption except in case of children with special needs, children who are hard to place (who are not getting any referrals from a long time), and relative adoption and adoption by step-parent.

Age

The minimum age difference between the child and either of the prospective adoptive parents must be at least 25 years.

  • The combined age of prospective adoptive parents shall be counted for deciding their eligibility to apply for adoption of children from different age groups, except in cases of relative adoption and adoption by step-parent. See table below to understand whether you are eligible to adopt a child from different age groups. 
Age of the child Maximum combined age of the adoptive parents (couple) Maximum age of single adoptive parent
Upto 4 years 90 years 45 years
Above 4 and upto 8 years 100 years 50 years
Above 8 and upto 18 years 110 years 55 years

Adoption under the Hindu Law

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) you must meet the following conditions to be considered as a prospective adoptive parent.

As a male or female Hindu, you can adopt a male or female Hindu child. A male Hindu adopting a female child must be at least 21 years older to her. Similarly, a female Hindu adopting a male child must be at least 21 years older to him For adopting under the HAMA, you should meet the following criteria:(( Sections 7 and 8, Hindu Adoption and Maintenance Act, 1956.)) 

Age

  • You must be a major person (above the age of 18) and of sound mind.

Marital Status

  • Married Adoptive Parent: If married, you should have the consent of your living wife/wives, or husband, unless your spouse is of unsound mind or has renounced the world or is not a Hindu anymore. In case of one wife, she will be considered as an adoptive mother, and in case of multiple wives, the senior-most wife will be considered as the adoptive mother while the others will be step-mothers. 
  • Single Adoptive Parent: If unmarried or widowed, you may adopt a child, and any man/woman you marry subsequently will be considered the step-father/step-mother. 

Existing Children

  • If you are adopting a girl, you must not have a living Hindu daughter or granddaughter (biologically or by adoption), and if you are adopting a boy, you must not have a living Hindu son, grandson or great-grandson (biologically or by adoption).

Who can Give a Child in Adoption?

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) you cannot give up your child for adoption, but as a parent or a guardian you have the option to surrender your child.(( Section 35(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) Surrendering means you give up your child for physical, emotional or social factors beyond your control. This would end your legal relationship with the child and you will not have to bear the responsibilities and privileges that are borne out of that relation once the Child Welfare Committee (CWC) acknowledges that you have surrendered the child.(( Schedule I, Adoption Regulations, 2017.)) Thereafter, the CWC will decide what to do with the surrendered child, and may declare him/her as legally free for adoption. 

 

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) the following persons(( Section 9, Hindu Adoption and Maintenance Act, 1956.)) may give up a child in adoption:

  • The biological mother or father of the child, as long as the person wishing to give a child for adoption has the consent of the other biological parent. For example, if you, as the biological mother of Rama wants to give her up for adoption, you must have Rama’s biological father’s consent. This does not apply if the other parent is of unsound mind or has renounced the world or is no longer a Hindu.
  • A guardian caring for a child may give him/her up for adoption under certain conditions, with the Court’s permission. 

 

Children Legally Free for Adoption

Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) which terminates the legal relationship that the child has with their biological parents.(( Schedule I, Adoption Regulations, 2017.))  

The Child Welfare Committee (CWC) takes the decision to declare a child free for adoption, after it conducts inquiries, which includes:

  • A report by the probation officer/social worker,
  • Consent of the child (if they are old enough),
  • The required declaration submitted by the District Child Protection Unit and the Child Care Institution or Specialized Adoption Agency, etc.(( Schedule I, Adoption Regulations, 2017.)) 

The following categories of children may be declared as legally free for adoption:

  • Orphans:(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015)) Children without parents (biological or adoptive) or legal guardian, or whose legal guardian is not capable or willing to take care of the child.
  • Abandoned children: Children deserted by the parents (biological or adoptive) or guardians, and who are declared as abandoned children by the Child Welfare Committee.(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) 
  • Surrendered children – Children who are given up by the parent/guardian, and declared as surrendered children by the Child Welfare Committee.(( Section 38(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) 
  • A child of mentally retarded parents.(( Section 38(3), Juvenile Justice (Care and Protection of Children) Act, 2015.))  
  • An unwanted child of a survivor of sexual assault.(( Section 38(3), Juvenile Justice (Care and Protection of Children) Act, 2015.))  

 

Types of Adoption

The types of adoption given below are only applicable to you if you decide to follow the non-religious law on adoption.(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) If you follow the Hindu adoption laws,(( Hindu Adoption and Maintenance Act, 1956.)) there are no specific types of adoptions.

These are the following categories of adoption procedures:

  • Adoption by resident Indians (residing in India)
  • Adoption of a child from a foreign country by Indian citizens 
  • Adoption by Overseas Citizen of India (OCI) or a foreigner living in India
  • Adoption by OCI or Non-Resident Indian (NRI) or a foreigner living abroad 
  • Adoption by step-parent 
  • Adoption by relative
    • In-country adoption i.e. adoption within India
    • Inter-country adoption

Effects of Adoption

The following are the effects of adoption, regardless of which law you have adopted under:(( Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 12, 13 and 15, Hindu Adoption and Maintenance Act, 1956.)) 

  • Child of Adoptive Parent: The child becomes the child of the adoptive parent(s), and the adoptive parent(s) become the parents of the child as if the child had been born to them, for all purposes.
  • Familial Connections of the Child: The child’s connections with the family of birth are broken off and replaced by the ties created by the adoption in the adoptive family. However, under the Hindu law on adoption, the adopted child still cannot marry any person whom the child was prohibited from marrying while in the family of birth.
  • Property Rights of the Child: Any property owned by the adopted child before the adoption shall continue to remain the child’s property, along with the obligations attached to the property (including the obligation to maintain relatives in the biological family.)

Additionally, under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) from the date on which the adoption order of a child becomes effective:(( Sections 12, 13 and 15, Hindu Adoption and Maintenance Act, 1956.)) 

  • Property Rights of the Child: The adopted child cannot claim ownership and deprive property which a person had before the child was adopted.  An adoption also cannot stop the adoptive father/mother from disposing of their property by transferring it during their lifetime or bestowing it by will.

Cancelling a Valid Adoption: A valid adoption cannot be cancelled by the adoptive parent or any other person. Once adopted, a child cannot reject the adoption and return to the family of birth.

Procedure for Adopting a Child from a Foreign Country by Indian Citizens (Non-Religious Law)

Follow the steps given below to adopt a child from a foreign country as an Indian citizen.(( Regulation 22, Adoption Regulations, 2017.)) 

Step 1: Necessary formalities for adoption of a child from a foreign country will be completed in that country, as per their law. 

Step 2: The relevant authority, depending on the laws of the country, shall issue approval of adoption, only on receiving the required documents (please ask the authority for more details on the same), and the following reports:

Step 3: A foreign child adopted by Indian citizens and having a foreign passport, will need an Indian visa to come to India. For obtaining this visa, you can apply for it to the Indian Mission in that country. 

Step 4: The immigration clearance for the child adopted shall be obtained from the Central Government in the Foreigners’ Division, Ministry of Home Affairs, through the Indian Diplomatic Mission to that country.

Procedure for Adoption by Overseas Citizen of India (OCI) or a Foreigner Living in India (Non-Religious Law)

Follow the steps given below to adopt a child if you are an Overseas Citizen of India (OCI) or a foreigner who is a habitual resident of India:(( Regulation 20, Adoption Regulations, 2017.)) 

 

Step 1: You should determine if you can adopt. You may adopt a child through this means only if you are an OCI or a foreign citizen who is a habitual resident of India (i.e. you live in India regularly). 

 

Step 2: You should register online on the website of Central Adoption Resource Authority (CARA) here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS) where you will have to fill out your application.

 

Step 3: Along with your application, you should submit the required documents, which are:

  • Your photograph
  • PAN Card
  • Your proof of birth (in case of a married couple, the spouse’s proof of birth too)
  • Proof of residence (Aadhar card/ voter card/ passport/current electricity bill/telephone bill) 
  • Proof of income of last year (salary slip/income certificate issued by the government/income tax return) 
  • Certificate from a medical practitioner certifying that you do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (in case of a married couple, the spouse’s Medical Certificate too) 
  • Marriage certificate/Divorce Decree/ Declaration from the Court or affidavit pertaining to divorce under personal law/Death certificate of spouse, if applicable.

 

Step 4: A home study will be conducted by the Specialised Adoption Agency (SAA), and depending on this, your application to adopt may be accepted  or rejected. The result will be uploaded on the CARINGS website.

 

Step 5:  If your application is accepted, on the basis of your seniority, three children will be referred to you by the SAA through the CARINGS. You may reserve one child for possible adoption within 48 hours, and a meeting will be fixed for matching you to the child and assessing suitability. This process will be completed within twenty days, and if you do not accept the child, your name will be moved to the bottom of the seniority list. 

 

Step 6: The SAA will follow-up on the adoption, and create a follow-up report every six months for two years. In case of any issues, counselling will be provided, and if there is an issue after adopting the child, the child  may be taken back and declared as legally free for adoption again for other prospective adoptive parents.

Procedure for Adoption by Resident Indians (Non-Religious Law)

As a resident Indian, you may opt for in-country adoption i.e., adoption within India. Your application for adoption will go through various stages, as mentioned below:(( Regulations 9, 10, 11, 12 and 13, Adoption Regulations, 2017.))

 

Step 1: You may apply for adopting a child by registering on the website of Central Adoption Resource Authority (CARA), here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS) where you can fill your application details such as  your personal details, employment details, etc. 

 

Step 2: After registration, you will be required to submit relevant documents as part of your application. Please see here to understand which documents you will have to submit. After you fill out the application, you will be given an acknowledgement slip.

 

Step 3: Once you have filled the application with the relevant details and documents, you can track the status of your application with the registration number provided to you on the acknowledgement slip.

 

Step 4: A home study will be conducted by CARA or Specialized Adoption Agency (SAA), to determine whether you are eligible to adopt a child.

 

Step 5: Your application may be accepted or rejected. In case your application is rejected, the reasons will be posted on CARINGS, and you may appeal against that decision to the Children’s Court. Please see here for the procedure for appeal. 

 

Step 6: If your application is accepted, on the basis of your seniority, three children will be referred to you by the SAA through the CARINGS. You can choose one child for possible adoption within 48 hours, and a meeting will be fixed to assess suitability. This process will be completed within twenty days, and if you do not accept the child you have chosen, your name will be moved to the bottom of the seniority list. 

 

Step 7: Within ten days of your selection of a child, you will have to take the child in pre-adoption foster care, which makes you the child’s foster parents. This happens while the adoption approval order is pending from the Court. You should sign this undertaking before taking the child in. 

 

Step 8: The SAA (or other relevant authority) will file an application with the relevant Court to obtain an adoption order. If the SAA is not available in your town, the relevant authority will do this. The Court proceedings will be held in-camera, and your application will be disposed of within two months from when you filed the adoption application. Thereafter, the SAA will obtain the birth certificate of the child within three working days with your name. 

 

Step 9: The SAA which conducted the home study will prepare the post-adoption follow-up report every six months for two years after the adoption. In case of any issues, counselling will be provided, and if there is an issue after adopting the child, the child  may be taken back and declared as legally free for adoption again for other prospective adoptive parents.

 

For more information on the procedure, please see here. 

Procedure for Adoption by Relative (Non-Religious Law)

As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions.

Adoption within India (In-Country Adoption)

Follow the steps given below for adopting a child through in-country relative adoption i.e. adoption within India.(( Regulation 51, Adoption Regulations, 2017.)) 

Step 1: You should determine if you can adopt the child. You must be related to the child in any of the following ways:(( Section 2(52), Juvenile Justice (Care and Protection of Children) Act, 2015.)) 

  • You must be his/her paternal uncle or aunt,
  • You must be his/her maternal uncle or aunt, 
  • You must be his/her paternal grandparent, 
  • You must be his/her maternal grandparent.

You must also be(( Ministry of Women and Child Development, Central Adoption Resource Authority, Relative Adoption (In-country), http://164.100.158.243/carings/family/famhome.aspx.)) either a Resident Indian or Non-Resident Indian (NRI) or an Overseas Citizen of India (OCI) residing in India for at least one year.

Step 2: You must register on the website of Central Adoption Resource Authority (CARA), here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS). You should submit the required documents,(( Schedule VI, Adoption Regulations, 2017.)) which are:

  • Proof of residence 
  • Consent of the child, if the child is aged more than 5 years
  • Consent of the biological parents in this format , or permission from the Child Welfare Committee (CWC) to the legal guardian of the child to surrender the child and give him/her up for adoption in this format 
  • Adoption order from court, as described in step 3. 
  • Affidavit in support of you and your spouse’s relationship, and your financial and social status in this format

Step 3: Thereafter, you must file an adoption application with the relevant Court, in this format. Once obtained, you must upload it on Child Adoption Resource Information and Guidance System (CARINGS).

For more information on the procedure, please see here.

Adoption across Countries (Inter-Country Adoption)

Follow the steps given below for adopting a child through inter-country relative adoption.(( Regulation 53, Adoption Regulations, 2017.)) 

Step 1: You should determine if you can adopt a child. You may adopt a relative’s child if you are a Non-Resident Indian or an Overseas Citizen of India. 

Step 2: You should approach the relevant authority i.e. the Authorized Foreign Adoption Agency or the Central Authority in your country of residence. In case there is no Authorized Foreign Adoption Agency or Central Authority in your country of residence, then you should approach the relevant Government department or Indian diplomatic mission (in cases of Indian citizens) in that country. They will guide you on the home study that will be conducted and once that is done, the registration process.

Step 3: You should submit the required documents.  Please ask the authority you have approached for more details on this. 

Step 4: Once your documents have been submitted, the authority will forward your application to the District Child Protection Unit (DCPU) for a family background report ( this might be chargeable). See here for more details on the report. This report will be forwarded to the receiving country and the relevant authority. 

Step  5: You should file an application for adoption to Court in the district where the child resides in this format, with a consent form from the biological parents and all the other documents, which are:

  • Consent of the child, if the child is more than 5 years old
  • Permission of the receiving country
  • Your relationship with the child (family tree)
  • Recent family photographs of you, the child and the biological parents
  • Consent of the biological parents in this format or permission from the Child Welfare Committee (CWC) to the legal guardian of the child to surrender the child and give him/her up for adoption in this format 
  • Family background report 

Thereafter, you should furnish a certified copy of the adoption order to the DCPU. 

Step 6: The relevant authority will provide a No Objection Certificate (NOC) in favor of the adoption within ten days of receiving the adoption order from the DCPU. 

For more information, please see here. 

Procedure for Adoption by Step-Parent (Non-Religious Law)

As a step-parent of the child you want to adopt, you can follow the procedure given below.(( Regulation 52, Adoption Regulations, 2017.))

Step 1: You and your spouse (the biological parent of the child) must register on the website of Central Adoption Resource Authority (CARA), here. It will redirect you to Child Adoption Resource Information and Guidance System (CARINGS), where you can fill your application details such as  your personal details, employment details, etc.

Step 2: You must then upload the relevant documents, which are:1

  • Proof of residence of you and your spouse
  • Proof of the parties mentioned above being legally wedded. 
  • Death Certificate of the biological parent in case he/she is not alive. 
  • Attested photographs of the child to be adopted, the biological parent(s), spouse adopting the child and the witnesses. 
  • Form from Child Welfare Committee (CWC) granting you permission, as described in step 3. 
  • Adoption order from court, as described in step 4.

Step 3: You must be granted permission from the CWC to adopt the child. You must fill up this form, which also provides  your and your spouse’s consent.  In case children are being relinquished/surrendered by both spouses from their respective earlier marriages for adoption, separate consent forms shall be filled up.

Step 4: You along with your spouse must file an application in the Family/District/City Civil Court in this format. Thereafter, you should obtain a certified copy of the adoption order from the court and submit a copy of it online through CARINGS.

For more information, please see here. 

  1. Schedules XX and VI, Adoption Regulations, 2017. [↩]

Adoption by OCI or Non-Resident Indian (NRI) or a Foreigner Living Abroad (Non-Religious Law)

Follow the steps given below to adopt a child if you are an Overseas Citizen of India (OCI), Non-Resident Indian (NRI) or foreigner living abroad:(( Regulations 15, 16, 17, 18 and 19, Adoption Regulations, 2017.))

Step 1: Approach the relevant authority i.e. the Authorized Foreign Adoption Agency or the Central Authority in your country of residence. In case there is no Authorised Foreign Adoption Agency or Central Authority in your country of residence, then you should approach the relevant  Government department or Indian diplomatic mission (in cases of Indian citizens) in that country. See here for a list of foreign adoption agencies. They will guide you on the home study that will be conducted and the registration process.

Step 2: You should submit the required documents. Please ask the authority you have approached for more details on this. 

Step 3: Two children will be referred to you for adoption, and you may reserve one child within 96 hours, and the profile of the other child will be withdrawn. If you fail to do this, both the profiles will be withdrawn. After reserving the child, you must accept the child and sign the Child Study Report and Medical Examination Report of the child within thirty days from the date of reservation. Failure to do this will lead to your profile being moved to the bottom of the seniority list, and the child’s profile will be withdrawn. You may also visit the child in person, and have the medical report reviewed by a medical practitioner. 

Step 4: A No Objection Certificate (NOC) will be issued in favor of the adoption by the relevant authority, and posted on Child Adoption Resource Information and Guidance System (CARINGS). 

Step 5: If you get an NOC , you may take the child in pre-adoption foster care temporarily while the Court order is pending. In order to do so, you will have to provide the following undertaking in this format. You will be given permanent custody of the child after:

  • The passport and visa are issued to the child
  • The Court order is passed. 

Step 6: The relevant authority will file an application with the relevant Court. The Court proceedings will be held in-camera, and your application will be disposed of within two months from when you filed the adoption application. 

Step 7: You must come to India and take the child within two months from the date of the adoption order. Thereafter, the following will be done:

  • A Conformity Certificate will be issued by the relevant authority within three working days of the availability of the adoption order by the Court
  • The authority will inform the relevant authorities, such as immigration authorities, etc. of the confirmed adoption. 
  • The authority will aid in getting an Indian passport, birth certificate and OCI Card (if applicable) for the child. 

Step 8: The relevant authority shall conduct follow-ups to assess the progress of the adoption, on a quarterly basis during the first year and every six months in the second year. In case of any issues, counselling will be provided, and if there is disruption or dissolution of the adoption, the child may be taken back and declared as legally free for adoption.

Please see here for more information on the procedure. 

Procedure for Hindu Adoption

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) there is no set procedure on adopting a child. You do not have to follow any guidelines, but you may have to execute an adoption deed. For more details on procedure and the format of the deed, you should consult a lawyer. 

If you are a guardian

A guardian requires the Court’s permission to adopt a child, or give him up for adoption, in certain cases:(( Section 9(4), Hindu Adoption and Maintenance Act, 1956.)) 

  • Where both the father and mother are dead; 
  • Where both the father and mother have completely and finally renounced the world; 
  • Where both the father and mother have abandoned the child; 
  • Where both the father and mother have been declared to be of unsound mind by the court concerned; 
  • Where the parentage of the child is not known.

Punishments Under Adoption Law

You may be punished if you do the following, regardless of the law under which you have adopted a child:

Illegally taking a child to a foreign country

  • If you take or send a child to a foreign country, or arrange for transferring the child to a person in a foreign country, without a valid order from the Court,1 then you can be punished with jail time of up to 3 years and/or a fine of Rs. 1 lakh. 

Abandoning/Neglecting/Abusing the Child

  • If you, as the caretaker/parent of a child under 12 years of age, abandon the child intentionally in any place to wholly abandon the child, you will be punished with jail time of up to 7 years and/or a fine.2 
  • If you, as the caretaker/parent of a child, assault, abandon, abuse, expose or willfully neglect the child3 or cause this to occur, in a manner likely to cause him/her child unnecessary mental or physical suffering, you will be punished with jail time of up to 3 years and/or a fine of Rs. 1 lakh. If such cruelty makes the child physically incapacitated or mentally ill or renders him/her mentally unfit to perform regular tasks or risks his/her life, you can be punished with jail time between 3 and 10 years and a fine of Rs. 5 lakhs. 

Under the non-religious law on adoption,4 you will be punished if you:

  • Give/receive any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions of the JJ Act.5 The punishment  for this is jail time up to 3 years and/or a fine of Rs. 1 lakh.  Where the offence is committed by a recognized adoption agency, in addition to the above punishment, the registration of the agency and its recognition shall also be withdrawn for at least one year.

Under the Hindu law on adoption,6 you will be punished if you:

Receive/give a payment or other reward in return for an adoption.7 For this, the punishment is jail time of up to 6 months and/or a fine, after authorization from the State Government.

  1. Section 56(5), Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  2. Section 93, Bharatiya Nyaya Sanhita, 2023. [↩]
  3. Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  4. Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  5. Juvenile Justice (Care and Protection of Children) Act, 2015. [↩]
  6. Hindu Adoption and Maintenance Act, 1956. [↩]
  7. Section 17, Hindu Adoption and Maintenance Act, 1956. [↩]

Help and Support

If you require any help, support or you want to raise an issue regarding the adoption, you can contact the following authorities: 

Child Adoption Resource Authority (CARA)

CARA primarily deals with non-religious adoption(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.

  • Helpline of CARA: 1800-11-1311.You may call this number between 9:00 AM to 5:30 PM between Monday to Friday. 
  • Email Address of CARA: carahdesk.wdc@nic.in 

 

Role of Courts

The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:

 

Adoption Order (Non-Religious Law)(( Sections 12 and 17, Juvenile Justice (Care and Protection of Children) Act, 2015.)) 

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) the Court receives the application from the SAA (Specialized Adoption Agency) with the relevant documents of the child so that the Court can assess whether an adoption order can be granted. The application would include:

  • Details of the SAA and co-applicants (if there are any) like Child Care Institutions
  • Details of the prospective adoptive parent(s) such as name, child adoption resource information and guidance system registration number
  • Details of the child that is going to be adopted
  • The fact that the child has been declared legally free for adoption
  • The fact that the adoptive parents have signed a Pre-adoption foster care affidavit allowing social workers of the SAA, DCPU (District Child Protection Unit) to make home visits
  • Copy of the decision of the Adoption Committee 

Read a format of the application here to understand what other details are included in the application. By passing this adoption order, the Court would be granting permission to the parents to be the adoptive parents of the child. Before passing the adoption order, the Court has a duty to keep in mind:(( Section 61, Juvenile Justice (Care and Protection of Children) Act, 2015.)) 

  • That the adoption is for the welfare of the child
  • That the wishes of the child are taken into consideration, based on age and understanding of the situation
  • That the adoptive parents have not agreed to or received any payment or reward for the adoption
  • That the adoption proceedings in Court  should be in – camera proceedings.

 

Permission to Adopt (Hindu Law)

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) the guardian requires the Court’s permission to adopt a child, or give him up for adoption, in the following cases:(( Section 9(4), Hindu Adoption and Maintenance Act, 1956.)) 

  • where both the father and mother are dead; 
  • where both the father and mother have completely and finally renounced the world; 
  • where both the father and mother have abandoned the child; 
  • where both the father and mother have been declared to be of unsound mind by the court concerned; 
  • where the parentage of the child is not known. 

 

Appeal (Non-Religious Law and Hindu Law)

Under the non-religious law on adoption, if you are not satisfied by the orders given by the relevant authorities while adopting a child or if you adoption application has been rejected, you may appeal to the Children’s Court, within 30 days of the relevant order.(( Section 101(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) However, even if more than 30 days have passed, you can attempt to appeal, and it will be entertained if the Court believes you have sufficient reason for not being able to appeal within the stipulated 30 days. If you are not satisfied with the order given by the Court, you may file an appeal to the High Court of your state.(( Section 101(5), Juvenile Justice (Care and Protection of Children) Act, 2015.))