Adoption Laws in India: HAMA, JJ Act & CARA Process Explained

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Introduction

Adoption is a legal process by which a person (or couple) assumes the parenting of a child from the biological parents or legal guardians, thereby permanently transferring all rights and responsibilities from the biological parents to the adoptive parents. In India, adoption law has evolved significantly over the decades, moving from a purely personal law concept (available primarily to Hindus) to a secular framework available to persons of all religions.

The adoption landscape in India is governed by two principal statutes: the **Hindu Adoptions and Maintenance Act, 1956** (HAMA), which applies to Hindus, Buddhists, Jains, and Sikhs; and the **Juvenile Justice (Care and Protection of Children) Act, 2015** (JJ Act), which provides a secular adoption framework applicable to persons of **all religions**. The **Central Adoption Resource Authority (CARA)**, a statutory body under the Ministry of Women and Child Development, is the nodal authority for all matters relating to the adoption of children in India.

This article provides a comprehensive educational overview of adoption laws in India, covering the two statutory frameworks, the CARA process, eligibility criteria, the rights of adopted children, inter-country adoption, and key judicial pronouncements.

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Historical Context

Prior to the enactment of specific adoption legislation, adoption in India was governed solely by **personal law**:

- **Hindu law** recognised the concept of adoption (dattaka), primarily for the purpose of continuing the male lineage and performing religious rites for the deceased.

- **Muslim, Christian, and Parsi personal laws** did not recognise adoption in the legal sense. Muslims, Christians, and Parsis could only seek **guardianship** of a child under the **Guardians and Wards Act, 1890**, which did not create a parent-child relationship.

The **Hindu Adoptions and Maintenance Act, 1956** codified and reformed Hindu adoption law, making it more equitable and providing for the adoption of both boys and girls.

The **Juvenile Justice Act** (first enacted in 2000 and substantially revised in 2015) filled the crucial gap by providing a secular adoption framework available to persons of all religions, including Muslims, Christians, and Parsis who did not have adoption provisions under their personal laws.

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Adoption Under the Hindu Adoptions and Maintenance Act, 1956 (HAMA)

Applicability

The HAMA applies to persons who are **Hindus, Buddhists, Jains, or Sikhs** by religion. Both the adoptive parent and the child being adopted must be Hindu (or Buddhist, Jain, or Sikh).

Who Can Adopt? (Section 7 and Section 8)

**Section 7 -- Adoption by Male Hindu:**

A male Hindu who has attained the age of majority and is of sound mind may adopt a son or daughter. If the male Hindu is married, the consent of the wife is required (unless the wife has completely and finally renounced the world, is of unsound mind, or has ceased to be a Hindu).

**Section 8 -- Adoption by Female Hindu:**

A female Hindu who has attained the age of majority and is of sound mind may adopt a son or daughter. If the female Hindu is married, she cannot adopt during the subsistence of the marriage unless the husband has completely and finally renounced the world, is of unsound mind, or has ceased to be a Hindu.

An unmarried, divorced, or widowed female Hindu can adopt independently.

Who Can Be Adopted? (Section 10)

Under **Section 10** of HAMA, the person to be adopted must:

- Be a **Hindu**

- Have **not already been adopted**

- Have **not been married** (unless there is a custom or usage permitting adoption of married persons)

- Have **not completed the age of fifteen years** (unless there is a custom or usage permitting adoption of persons who have completed fifteen years)

Who Can Give in Adoption? (Section 9)

Under **Section 9**, the following persons have the capacity to give a child in adoption:

- The **father** (with the consent of the mother, unless the mother has renounced the world, is of unsound mind, or is dead)

- The **mother** (with the consent of the father, unless the father has renounced the world, is of unsound mind, or is dead)

- The **guardian** of the child (with the previous permission of the court)

The Supreme Court in **Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244** laid down comprehensive guidelines for the adoption of Indian children, emphasising the welfare of the child as the paramount consideration.

Conditions for Valid Adoption (Section 6)

**Section 6** of HAMA lays down the essential conditions for a valid adoption:

1. The person adopting has the **capacity and right** to take in adoption

2. The person giving in adoption has the **capacity to do so**

3. The person adopted is **capable of being adopted**

4. The adoption is made in **compliance with the other provisions** of Chapter II of the Act

**Section 11** provides additional conditions:

- If the adoption is of a **son**, the adoptive parent must not have a Hindu son, son's son, or son's son's son (whether by legitimate blood relationship or by adoption) **living** at the time of adoption

- If the adoption is of a **daughter**, the adoptive parent must not have a Hindu daughter or son's daughter living at the time of adoption

- If a **male** adopts a **female**, the adoptive father must be at least **21 years older** than the adopted daughter

- If a **female** adopts a **male**, the adoptive mother must be at least **21 years older** than the adopted son

Ceremony of Adoption (Section 11(iv))

Under HAMA, the adoption must involve the actual **giving and taking of the child** (datta homam). The Supreme Court in **Nandkishore v. Kavita (2010)** held that the actual giving and taking of the child is an essential ceremony for a valid Hindu adoption under HAMA.

Effect of Adoption (Section 12)

Upon adoption:

- The adopted child is deemed to be the child of the adoptive parent **from the date of adoption**

- All ties of the child in the **family of birth** are deemed to be **severed** and replaced by those created by the adoption

- The adopted child has the same **rights, privileges, and duties** as a natural-born child of the adoptive parent

- The adopted child inherits property of the adoptive parent and ceases to have any right in the property of the biological family (subject to certain exceptions for property vested before adoption)

Registration of Adoption

HAMA does not mandate formal registration of adoption with any authority (as the adoption is effected through the ceremony of giving and taking). However, it is strongly advisable to execute a **registered adoption deed** as proof of the adoption, particularly for the adopted child's inheritance rights, passport applications, and school admissions.

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

Applicability

The **JJ Act, 2015** provides a **secular adoption framework** available to prospective adoptive parents of **all religions**, including Hindus, Muslims, Christians, Parsis, and others. This Act was a significant development, as it enabled Muslims, Christians, and Parsis to legally adopt children for the first time.

Section 56 of the JJ Act specifically states: *"Adoption shall be resorted to for ensuring the right to family for every child."*

Adoption Regulations, 2022

The procedure for adoption under the JJ Act is governed by the **Adoption Regulations, 2022** (replacing the earlier 2017 Regulations), issued by CARA under the authority of the JJ Act.

Who Can Adopt? (Section 57)

**Section 57** of the JJ Act specifies the eligibility criteria:

**Single Person:**

- Any single person, irrespective of gender, can adopt a child, subject to the following:

- A single male cannot adopt a girl child (Section 57(3))

- Minimum age difference of **25 years** between the child and the prospective adoptive parent

**Married Couple:**

- Must have a stable marital relationship for at least **two years**

- Both spouses must consent to the adoption

- The composite age of the couple (sum of both spouses' ages) shall not exceed **110 years** (as per CARA guidelines)

**Age and Income Criteria (as per Adoption Regulations):**

| Category | Age of Child | Maximum Age of PAP |

|---|---|---|

| Couple or single parent | Up to 2 years | Not exceeding 90 years (composite age for couple) |

| Couple or single parent | 2-5 years | Not exceeding 100 years (composite age for couple) |

| Couple or single parent | 5-8 years | Not exceeding 110 years (composite age for couple) |

| Couple or single parent | Above 8 years | No upper age limit for PAP |

*Note: Age criteria are as per the current Adoption Regulations and may be updated from time to time.*

Who Can Be Adopted? (Section 56)

Under the JJ Act, the following children are eligible for adoption:

- An **orphan** (a child whose parents are dead)

- An **abandoned** child (declared so by the Child Welfare Committee after due inquiry)

- A **surrendered** child (surrendered by the biological parents to a Specialised Adoption Agency)

The child must be declared **legally free for adoption** by the **Child Welfare Committee (CWC)** before they can be placed for adoption.

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The CARA Process (Step-by-Step)

The **Central Adoption Resource Authority (CARA)** is the central authority for all adoptions under the JJ Act. The adoption process through CARA involves the following steps:

Step 1: Registration on CARA Portal (CARINGS)

Prospective Adoptive Parents (PAPs) register on the **Child Adoption Resource Information and Guidance System (CARINGS)** portal at **cara.nic.in**. The registration involves:

- Creating an account

- Filling in detailed personal, financial, and family information

- Uploading required documents (identity proof, income proof, marriage certificate, medical fitness certificate, photographs, etc.)

- Specifying preferences (age, gender, health status of the child)

Step 2: Home Study Report (HSR)

After registration, a **Home Study Report** is conducted by a **Specialised Adoption Agency (SAA)** or a social worker authorised by CARA. The HSR involves:

- An assessment of the PAPs' physical, emotional, and financial readiness for adoption

- Home visits to assess the living conditions

- Interviews with the PAPs and their family members

- A psychological assessment

The HSR must be completed within **two months** of registration and must be submitted to CARA through the CARINGS portal.

Step 3: Referral of Child

Once the HSR is approved, the PAPs are placed in a **waiting list**. When a matching child becomes available, CARA refers the child to the PAPs through the CARINGS portal.

The PAPs are given a **referral** with the child's profile, including:

- Photograph

- Age and health status

- Background information (as available)

Step 4: Acceptance or Rejection

The PAPs must accept or reject the referral within **48 hours**. If the PAPs accept, they proceed to the next step. If they reject, they can receive up to **three referrals** in total. After three rejections, the PAPs' registration is placed on hold and may be reviewed.

Step 5: Pre-Adoption Foster Care

After acceptance, the PAPs receive the child on **pre-adoption foster care**. This is a period during which the PAPs and the child adjust to each other. The period of pre-adoption foster care is typically **two months**.

Step 6: Court Order for Adoption (Section 61)

The SAA or the PAPs must file a petition before the **District Court** for an **adoption order** under **Section 61** of the JJ Act. The court must dispose of the petition within **two months** from the date of filing.

Upon satisfaction, the court passes an **adoption order**, which is the legal instrument that creates the parent-child relationship between the PAPs and the adopted child.

Step 7: Post-Adoption Follow-Up

After the adoption order is passed, CARA or the SAA conducts **post-adoption follow-up** visits to ensure the welfare of the child. Follow-up visits are typically conducted at intervals of six months for a period of two years.

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Key Differences Between HAMA and JJ Act Adoption

| Aspect | HAMA (1956) | JJ Act (2015) |

|---|---|---|

| **Applicability** | Hindus, Buddhists, Jains, Sikhs only | All religions |

| **Child eligibility** | Hindu child; not married; under 15 years | Orphan, abandoned, or surrendered child declared free for adoption |

| **CARA involvement** | Not required (but recommended for inter-country) | Mandatory -- all adoptions through CARA |

| **Court order** | Not required (adoption by ceremony) | Required (Section 61 -- adoption order by District Court) |

| **Ceremony** | Actual giving and taking (datta homam) | No religious ceremony required |

| **Gender restrictions** | Son: if no existing son; Daughter: if no existing daughter | No such restriction |

| **Single parent adoption** | Limited provisions | Expressly permitted (with restrictions for single males) |

| **Age difference** | 21 years (opposite gender) | 25 years (between child and PAP) |

| **Registration with CARA** | Not mandatory (for domestic adoption) | Mandatory |

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Rights of an Adopted Child

Under HAMA (Section 12)

The adopted child:

- Is deemed to be the child of the adoptive parent from the date of adoption

- Has the same **inheritance and succession rights** as a natural-born child

- Severs ties with the biological family (subject to certain exceptions)

- Retains property vested in them before the adoption

Under JJ Act (Section 63)

**Section 63** of the JJ Act provides that the adopted child shall have the same rights and privileges as a **biological child** of the adoptive parents. This includes:

- Right to **inheritance and succession** on par with a biological child

- Right to the adoptive parents' **surname and nationality**

- Right to a **birth certificate** in the name of the adoptive parents

The adoption order of the District Court is the conclusive legal document establishing the parent-child relationship.

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Inter-Country Adoption

Legal Framework

Inter-country adoption (adoption by persons residing outside India) is governed by **Section 59** of the JJ Act and the **CARA Adoption Regulations**. India is a signatory to the **Hague Convention on Inter-Country Adoption, 1993**, and CARA is the designated Central Authority under the Convention.

Eligibility

Inter-country adoption is permitted only when:

- The child has not been placed with any domestic prospective adoptive parent within **60 days** of the child being declared free for adoption

- The adoptive parents are citizens of a country that is a signatory to the Hague Convention or has a bilateral agreement with India

Procedure

The inter-country adoption process involves:

1. Registration with an **Authorised Foreign Adoption Agency (AFAA)** in the country of residence

2. Home study conducted by the AFAA

3. Application forwarded to CARA through the CARINGS portal

4. Matching and referral by CARA

5. Approval by the **Indian government** (No Objection Certificate)

6. Adoption order by the **District Court in India**

7. Passport and visa for the child

8. Post-adoption follow-up by the AFAA

The Supreme Court in **Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244** laid down the foundational guidelines for inter-country adoption, emphasising that the welfare of the child must be the paramount consideration and that adoption should be within the country as far as possible (the principle of **subsidiarity**).

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Adoption by Step-Parents and Relatives

Step-Parent Adoption

Under the JJ Act and CARA Regulations, a step-parent can adopt the child of their spouse. The process is simplified compared to the general CARA process, but still requires:

- Consent of the biological parent (spouse)

- Consent or no-objection of the other biological parent (if alive)

- A court order under Section 61 of the JJ Act

Relative Adoption

Under HAMA, adoption by relatives (within the extended family) is common and follows the standard HAMA procedure of giving and taking.

Under the JJ Act, relatives of an orphaned or abandoned child may adopt the child through the CARA process, with the process being expedited in appropriate cases.

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Key Judgments on Adoption Laws

| Case | Key Principle |

|---|---|

| **Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244** | Laid down comprehensive guidelines for adoption of Indian children, particularly inter-country adoption. Welfare of the child is paramount. Domestic adoption is preferred over inter-country adoption (subsidiarity principle). |

| **Shabnam Hashmi v. Union of India (2014) 4 SCC 1** | The Supreme Court held that the provisions of the Juvenile Justice Act (now 2015 Act) are available to persons of **all religions**, including Muslims, for the purpose of adoption. This was a landmark judgment enabling Muslims to adopt. |

| **Philips Alfred Malvin v. Y.J. Gonsalves (1999) 3 SCC 221** | The Supreme Court upheld the validity of adoption by Christians under the then-prevailing Juvenile Justice Act provisions, reinforcing the availability of the secular adoption framework. |

| **Nandkishore v. Kavita (2010)** | The actual giving and taking of the child is an essential ceremony for a valid Hindu adoption under HAMA. Without this ceremony, the adoption is not valid. |

| **Brajendra Singh v. State of M.P. (2008)** | The Supreme Court held that the consent of the wife is essential for a valid adoption by a Hindu male under Section 7 of HAMA. Adoption without the wife's consent is voidable. |

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Common Challenges in Adoption

Long Waiting Periods

One of the significant challenges in the CARA adoption process is the **long waiting period** for referral. Due to the relatively small number of children declared legally free for adoption compared to the number of registered PAPs, waiting periods can extend to **2-4 years or more**, particularly for younger children and children without health challenges.

Documentation and Legal Formalities

The adoption process involves extensive **documentation**, including medical certificates, income proof, identity documents, and home study reports. Ensuring compliance with all documentation requirements can be time-consuming.

Post-Adoption Challenges

Adoptive families may face challenges related to the child's **adjustment, emotional needs, and disclosure** of adoption. Support services and counselling are recommended for adoptive families.

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Frequently Asked Questions

Can Muslims legally adopt a child in India?

Yes. Following the Supreme Court's decision in **Shabnam Hashmi v. Union of India (2014) 4 SCC 1**, persons of **all religions**, including Muslims, can adopt children under the **Juvenile Justice (Care and Protection of Children) Act, 2015**. The JJ Act provides a secular adoption framework that is available irrespective of the religion of the prospective adoptive parent.

What is the difference between adoption and guardianship?

**Adoption** creates a permanent **parent-child relationship** -- the adopted child has the same legal rights as a biological child, including inheritance and succession rights. The biological parents' rights and obligations are terminated. **Guardianship** under the Guardians and Wards Act, 1890, creates a temporary relationship that lasts only until the minor attains majority. The guardian does not become the parent, and the child does not acquire succession rights in the guardian's property.

How long does the CARA adoption process take?

The CARA adoption process can take anywhere from **1 to 4 years** or more, depending on the preferences of the PAPs, the availability of matching children, and the processing times at various stages. The home study should be completed within two months, but the waiting period for a referral can be the longest stage.

Can a single person adopt a child in India?

Yes. Under the **JJ Act**, a single person (male or female) can adopt a child, subject to age and other eligibility criteria. However, a **single male cannot adopt a girl child** (Section 57(3) of the JJ Act). Under **HAMA**, an unmarried, divorced, or widowed Hindu can also adopt, subject to the conditions specified in the Act.

What documents are needed for adoption?

The key documents typically required include: identity proof (Aadhaar, passport, PAN), proof of income, marriage certificate (for couples), medical fitness certificate from a registered medical practitioner, photographs, proof of residence, and any other documents specified by CARA or the SAA. The specific list is available on the CARA portal (cara.nic.in).

Does an adopted child have inheritance rights?

Yes. Under both HAMA (Section 12) and the JJ Act (Section 63), an adopted child has the **same rights and privileges** as a biological child of the adoptive parents, including full **inheritance and succession rights**. The adopted child is treated in law as a natural-born child of the adoptive parents.

Can an adoption be cancelled or reversed?

Under HAMA, a valid adoption is **irrevocable** -- it cannot be cancelled once the giving and taking has been completed (Section 15). Under the JJ Act, an adoption order passed by the District Court is final. However, in extreme cases (such as where the adoption was obtained by fraud or where the child is being abused), the court may, on application, set aside the adoption order in the best interests of the child.

What is the CARA portal and how do I register?

The **CARA portal** (CARINGS -- Child Adoption Resource Information and Guidance System) is the online platform for all adoptions under the JJ Act. It is accessible at **cara.nic.in**. PAPs register by creating an account, filling in their personal and family details, uploading required documents, and specifying their preferences for the child. The portal manages the entire adoption process from registration through referral to post-adoption follow-up.

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**Disclaimer:** This article is published for educational and informational purposes only. It does not constitute legal advice, a solicitation, or an advertisement. The information provided is based on Indian laws and judicial pronouncements as of the date of publication and may be subject to change. Adoption procedures, eligibility criteria, and CARA regulations are subject to revision through government notifications and amendments. No reader should act or refrain from acting based on this article without seeking professional legal advice tailored to their specific facts and circumstances. For personalised guidance, please consult a qualified advocate.