Adoption in India: Complete Process, Laws, and Guidelines (2025)

Adoption is a noble and life-changing decision that not only provides a loving family to a child but also fulfills the dream of parenthood for many individuals and couples. In India, adoption is governed by well-defined legal procedures to ensure the welfare of the child and the rights of adoptive parents. With growing awareness, many people now ask questions such as “How to adopt a child in India?”, “What documents are required for adoption?”, and “Is adoption allowed for single parents?”.

This detailed guide covers everything you need to know about adoption in India, including laws, eligibility, documents, procedures, and frequently asked questions.

Understanding Adoption in India

Adoption means legally taking another person’s child and raising them as your own. It is not just an emotional decision but a legally binding process. The adopted child gets the same rights as a biological child, including inheritance rights.

India recognizes adoption through two main laws:

1. Hindu Adoption and Maintenance Act, 1956 (HAMA) – applicable to Hindus, Buddhists, Jains, and Sikhs.

2. Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) – applicable to all communities irrespective of religion, and regulated by CARA (Central Adoption Resource Authority).

Why Adoption is Important?

• Provides a safe and nurturing family to orphaned, abandoned, or surrendered children.

• Gives couples or individuals who cannot conceive a chance to experience parenthood.

• Helps reduce illegal child trafficking by channeling adoption through legal agencies.

• Ensures equal rights for adopted children in matters of inheritance and identity.

Who Can Adopt a Child in India?

The eligibility depends on the adoption law:

1. Under HAMA (Hindu Adoption and Maintenance Act):

• Any Hindu adult male or female can adopt.

• A married man needs the consent of his wife.

• A married woman needs her husband’s consent (unless he is dead, renounced the world, or legally separated).

• The age difference between adoptive parents and child must be appropriate (at least 21 years).

2. Under JJ Act (via CARA Guidelines):

• Age of Parents:

  • Single parent must be at least 25 years old.

  • Maximum combined age of couple should not exceed 90 years.

• Marital Status:

  • Single women can adopt any child.

  • Single men cannot adopt a girl child.

• Couples must have at least two years of stable marriage.

• Health: Parents should not have any life-threatening medical conditions.

Documents Required for Adoption

Adoption requires proper documentation for verification and legal approval. Some of the essential documents are:

• Identity Proof: Aadhaar card, PAN card, Passport, or Voter ID.

• Address Proof: Passport, utility bills, or ration card.

• Marriage Certificate (if married).

• Divorce Decree/Death Certificate (if applicable).

• Income Proof: Salary slips, Income Tax Returns, Form 16.

• Medical Certificate of parents.

• Photographs (passport size and family photos).

• Consent of spouse (in case of married couples).

Adoption Procedure in India (Step-by-Step)

The process is slightly different under HAMA and CARA, but for most people, adoption goes through CARA, which ensures transparency and legality.

Step 1: Registration

• Prospective adoptive parents (PAPs) must register online at CARA’s website (cara.nic.in).

• Required documents need to be uploaded.

Step 2: Home Study & Counseling

• An authorized adoption agency conducts home visits.

• Parents are evaluated for financial stability, emotional readiness, and family environment.

Step 3: Referral of Child

• Based on preference (age, gender, health condition), CARA matches a child with the parents.

• Parents get access to the child’s profile and medical records.

Step 4: Acceptance

• If satisfied, parents must reserve the child online within 48 hours.

Step 5: Pre-Adoption Foster Care

• Parents spend some time with the child before final legal approval.

Step 6: Court Petition & Legal Adoption Order

• Adoption petition is filed in the court by the adoption agency.

• Court issues an Adoption Order, making the child the lawful child of the adoptive parents.

Step 7: Birth Certificate

• A new birth certificate is issued with the child’s new surname and adoptive parents’ names.

Intercountry Adoption (NRI & Foreign Nationals)

Many Non-Resident Indians (NRIs), Overseas Citizens of India (OCI), and even foreign nationals adopt children from India under the Hague Convention on Intercountry Adoption.

Key points:

• Must be registered with CARA.

• Preference is given to Indian citizens, then NRIs, then foreign nationals.

• Additional approvals from the Ministry of External Affairs and respective country’s embassy are required.

Step-Parent and Relative Adoption

Apart from traditional adoption, Indian laws also allow:

• Step-Parent Adoption: A stepmother or stepfather can adopt their spouse’s child from a previous marriage. Court approval is required.

• Relative Adoption: Adoption by close relatives (maternal/paternal uncles, aunts, grandparents) is legally recognized under the JJ Act.

Rights of an Adopted Child

Once adopted, a child enjoys:

• Right to parental care and upbringing.

• Right to inherit property of adoptive parents.

• Right to new identity (birth certificate with adoptive parents’ names).

• Right to education and healthcare like a biological child.

Common Questions about Adoption in India

❓ Can a single person adopt a child in India?

? Yes. Single women can adopt any child. Single men can adopt only a boy.

❓ What is the minimum age for adoptive parents?

? At least 25 years old.

❓ How much does adoption cost in India?

? Government adoption (through CARA) has a standard fee of around ₹40,000 to ₹50,000, excluding legal expenses.

❓ How long does the adoption process take?

? On average, 6 months to 2 years, depending on availability of children and completion of formalities.

❓ Can NRIs adopt children from India?

? Yes. NRIs and OCIs can adopt through CARA under the Intercountry Adoption guidelines.

❓ Is adoption permanent?

? Yes. Once finalized by the court, adoption is irreversible and permanent.

Challenges in Adoption

While adoption is a beautiful journey, it also comes with challenges:

• Long waiting periods due to limited availability of legally free children.

• Emotional adjustment for both child and parents.

• Social stigma in some communities about adoption.

• Complicated intercountry procedures.

However, with patience and awareness, these hurdles can be overcome.

Conclusion

Adoption in India is not just a legal formality but an emotional bond that transforms lives. The government, through CARA and the JJ Act, has streamlined the process to make it more transparent and child-friendly. Whether you are a couple longing for a child, a single parent wanting to give love, or an NRI willing to provide a home, adoption is a path filled with meaning and responsibility.

By following the proper legal channels, you not only become a parent but also give a child the greatest gift of all — a family.

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