Introduction

Adoption in India is not just a legal procedure—it is a deeply emotional and transformative journey that brings together hope, healing, and new beginnings. For thousands of children without families, adoption offers a chance at love, care, and a secure future. At the same time, for couples and individuals unable to conceive or looking to expand their families through noble means, adoption fulfills the dream of parenthood. With increasing awareness, more people are now seeking authentic information on how to adopt a child in India, what documents are required, and whether single parents or NRIs can adopt.

In India, adoption is governed by strict legal frameworks to protect the best interest of the child while ensuring the rights and responsibilities of adoptive parents are well established. Whether you're a married couple, a single woman, or a Non-Resident Indian (NRI), the adoption process in India is open, structured, and accessible—provided all procedures are followed under the law.

This detailed guide explores the eligibility criteria, adoption process, laws governing adoption in India, required documents, rights of adopted children, and answers to some of the most frequently asked questions related to child adoption.

What is Adoption?

Legally, adoption is the process of taking a child into one's family and raising them as one's own. Once the court finalizes the adoption, the child receives all the rights of a biological child, including inheritance, name, and identity. It's a lifelong and irreversible commitment governed by specific laws depending on religion and citizenship status.

In India, adoption is primarily governed by two sets of laws:

1. Hindu Adoption and Maintenance Act (HAMA), 1956

Applicable to Hindus, Jains, Sikhs, and Buddhists. It is a personal law for adoption under religious customs.

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

This law applies to all citizens of India, regardless of religion, and is regulated by the Central Adoption Resource Authority (CARA). It is the most common legal route for adoption in India today, especially for abandoned, orphaned, and surrendered children.

Why is Adoption Important?

• Provides a loving, stable home to children who are abandoned, orphaned, or surrendered.

• Gives infertile couples and single individuals the opportunity to experience parenthood.

• Reduces the risk of illegal child trafficking by routing adoptions through recognized legal systems.

• Grants legal identity, education, healthcare, and inheritance rights to adopted children.

• Helps build an inclusive society where family is defined by love and commitment, not just biology.

Who Can Adopt a Child in India?

Eligibility depends on the law under which the adoption is taking place.

✅ Under HAMA:

• Any Hindu adult (male or female) can adopt.

• A married man must obtain his wife’s consent.

• A married woman can adopt with her husband's permission (unless he is deceased, incapacitated, or legally separated).

• Age gap between parent and child must be at least 21 years.

✅ Under JJ Act (through CARA Guidelines):

• Age:

  • Minimum age of single parent: 25 years

  • Combined age of couple should not exceed 90 years

• Marital Status:

  • Single women can adopt children of any gender.

  • Single men can adopt only male children.

  • Married couples must have a minimum of 2 years of stable marriage.

• Health:

  • Parents must be physically and mentally fit and free from any life-threatening medical conditions.

Documents Required for Adoption

Adoption in India involves thorough documentation to ensure the child’s safety and legality of the process.

Here are some of the essential documents:

• Identity Proof (Aadhaar card, PAN card, Passport, or Voter ID)

• Address Proof (Utility bills, Passport, Ration Card, etc.)

• Marriage Certificate (if married)

• Divorce Decree or Death Certificate (if applicable)

• Income Proof (Salary Slips, ITR, Form 16)

• Medical Certificate stating physical and mental fitness

• Passport-sized photographs and family photos

• Consent of spouse (for married couples)

Adoption Procedure in India: Step-by-Step Guide (CARA)

While HAMA follows a simpler personal law-based process, most adoptions in India today are completed under the JJ Act through CARA, especially for legally free children.

✅ Step 1: Online Registration

• Prospective adoptive parents must register at CARA’s official portal: cara.nic.in

• Upload the required documents during registration.

✅ Step 2: Home Study & Counseling

• A licensed Social Worker or Specialized Adoption Agency (SAA) conducts home visits.

• Assessment includes financial, psychological, and emotional readiness.

✅ Step 3: Child Referral

• Based on your preferences (age, gender, health condition), CARA provides a referral of a child.

• Parents can view the child’s profile and medical history.

✅ Step 4: Child Reservation

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

✅ Step 5: Pre-Adoption Foster Care

• Parents meet and spend time with the child before final legal proceedings.

✅ Step 6: Court Petition & Adoption Order

• The adoption agency files a petition in the district court.

• The court issues an Adoption Order, legally recognizing the parent-child relationship.

✅ Step 7: New Birth Certificate

• A new birth certificate is issued, naming the adoptive parents.

Intercountry Adoption (NRIs & Foreign Nationals)

India is a signatory to the Hague Convention on Intercountry Adoption, and the process is regulated by CARA.

Key points:

• NRIs, OCIs, and foreign nationals must register with CARA.

• Preference is given in this order: Indian citizens > NRIs/OCIs > Foreign nationals

• Required to obtain additional approvals from:

  • Ministry of External Affairs (India)

  • Relevant embassy or consulate in the adoptive parent's country

Step-Parent and Relative Adoptions in India

Apart from adopting children from institutions, the JJ Act also allows:

• Step-Parent Adoption: When a stepparent adopts their spouse’s biological child from a previous marriage.

• Relative Adoption: Adoption of a child by close relatives (e.g., uncles, aunts, grandparents), ensuring family continuity.

Rights of Adopted Children in India

Once a child is legally adopted, they enjoy all rights equal to a biological child, such as:

• Right to live with adoptive parents

• Right to inherit their property

• Right to use their surname

• Right to education, healthcare, and legal identity

Common Questions (FAQs)

❓ Can a single person adopt in India?
✅ Yes. Single women can adopt any child. Single men can adopt only boys.

❓ What is the minimum age to adopt?
✅ At least 25 years.

❓ How much does adoption cost in India?
✅ Government adoption via CARA costs ₹40,000 to ₹50,000, excluding legal charges.

❓ How long does the adoption process take?
✅ It usually takes between 6 months to 2 years, depending on the availability of children and documentation.

❓ Can NRIs adopt Indian children?
✅ Yes. They must go through CARA’s intercountry adoption process.

❓ Is adoption permanent?
✅ Yes. Once the court grants the Adoption Order, it is irreversible.

Challenges in Adoption

Despite being a noble process, adoption in India has certain challenges:

• Long waiting periods due to fewer legally free children

• Emotional and social adjustment for both child and parent

• Social stigma around adoption in some communities

• Complicated paperwork for intercountry adoption

But with patience, proper guidance, and legal support, these challenges can be effectively overcome.

Conclusion

Adoption in India is a beautiful journey that brings families together, often across backgrounds, genetics, and circumstances. Thanks to frameworks like the Juvenile Justice Act and the regulatory oversight of CARA, the process has become safer, more transparent, and accessible. Whether you are a childless couple, a compassionate single parent, or an NRI seeking to share your home with a child in need—adoption gives you the power to change a life forever.

By following legal procedures and staying informed, you can ensure that your adoption experience is smooth, meaningful, and legally secure.

How LSO Legal Helps

At LSO Legal, our team of senior advocates with over 30 years of experience provides personalized legal assistance at every stage of the adoption process—from documentation and CARA registration to court representation.

Whether it’s domestic adoption, step-parent adoption, or intercountry adoption, our legal experts are equipped to guide you through every detail.