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Process at a Glance
How the Adoption Process Moves
1
CARA / CARINGS Registration
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2
Home Study Report
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3
Referral & Matching
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4
Pre-Adoption Foster Care
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5
Court Adoption Order
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6
Follow-Up & New Birth Certificate
Overview
Adoption Law in India
Adoption in India is governed by two parallel frameworks. The first is the Hindu Adoptions and Maintenance Act, 1956 (HAMA) — applicable exclusively to Hindus, Buddhists, Jains, and Sikhs — which provides for private adoption through a physical giving and receiving ceremony. The second is the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) — a secular statute applicable to all religions — which provides for formal adoption through the Central Adoption Resource Authority (CARA). In simple terms, adoption is the legal process by which a child who is not your biological child becomes your legal child, with the same rights as a biological child. Hindus may adopt through a private ceremony under HAMA 1956, while people of all religions — including Muslims, Christians, Parsis, and Jews, who cannot adopt under their personal law — may adopt through the government's CARA system under the JJ Act 2015.
The Supreme Court in Shabnam Hashmi v. Union of India (2014) confirmed that the JJ Act is a secular, enabling, optional statute. Under Section 12 HAMA, an adopted child has the same rights as a biological child — inheritance, succession, and maintenance — from the date of adoption, and ties with the biological family are severed. The welfare of the child is always the primary consideration in any adoption proceeding. In FY 2024-25, CARA reported a record 4,515 adoptions (of which 4,155 were domestic) — the highest in twelve years — reflecting wider acceptance of legal adoption, streamlined digitised processing through the CARINGS portal, and an active identification drive that added thousands of children to the adoption pool.
The JJ Amendment Act, 2021 transferred the power to pass adoption orders from courts to the District Magistrate (now designated the "Child Protection Head") to expedite proceedings. This amendment came into force in most States from 1 September 2022. In Maharashtra it had been kept in abeyance by an interim stay of the Bombay High Court (January 2023); however, on 4 May 2026 the Bombay High Court, in Nisha Pradeep Pandya v. Union of India, upheld the constitutional validity of the 2021 amendment and vacated that interim stay, holding that the District Magistrate, working within the CARA statutory framework and Adoption Regulations 2022, is competent to discharge adoption functions. Adoption orders already passed by courts during the interim period were held to be valid. Practitioners should therefore confirm the current designated authority (court or District Magistrate / Child Protection Head) applicable in the relevant State before filing.
Two Legal Pathways to Adoption
HAMA 1956 — Hindus, Buddhists, Jains, Sikhs
Private adoption through a giving and taking ceremony. No CARA registration needed. Valid only among Hindu parties. Child must be Hindu, below 15 years (unless custom permits), not already adopted. Spouse's consent mandatory. 21-year age gap required. Adoption deed registered under Section 16 for evidentiary purposes. Irrevocable once complete.
JJ Act 2015 / CARA — All Religions
Secular adoption available to all citizens regardless of religion. Register on CARA portal (carings.nic.in) as Prospective Adoptive Parents (PAP). Child declared legally free by CWC. Home Study Report by SAA. Child matched and placed. Court passes adoption order. Required for Muslims, Christians, Parsis, Jews, NRIs, and all non-Hindus.
Inter-Country Adoption — NRIs / Foreign Parents
Governed by CARA Adoption Regulations 2022 and Hague Convention on Inter-Country Adoption. NRI/foreign prospective parents register on CARA portal. Home Study by recognised body in country of residence. CARA matches child. Indian court passes adoption order + CARA No Objection Certificate. Priority given to domestic adoption before inter-country.
Relative Adoption
Under JJ Act — a relative (grandparent, uncle, aunt) in India or abroad can adopt with CARA registration. Special provision for children of deceased relatives. Priority given to relative adoption before placing child in general pool. Generally a simpler route that often takes less time than the general pool process. Available to relatives both in India and abroad.
Key Takeaways
- India has two parallel adoption routes — HAMA 1956 (Hindus, Buddhists, Jains, Sikhs, through a private giving-and-taking ceremony) and the secular JJ Act 2015 / CARA route (open to all religions).
- Under Section 12 HAMA, an adopted child acquires the same rights as a biological child from the date of adoption, and ties with the biological family are severed.
- For the CARA route, prospective parents register on the CARINGS portal (carings.nic.in); a child is declared legally free for adoption by the Child Welfare Committee (CWC) before matching.
- A valid HAMA adoption requires the actual physical giving-and-taking ceremony (Section 11(vi)); a minimum 21-year age gap applies between adopter and child of the opposite sex.
- The JJ (Amendment) Act 2021 shifted the power to pass adoption orders from courts to the District Magistrate; the Bombay High Court upheld this on 4 May 2026 — confirm the designated authority in the relevant State before filing.
- Muslims, Christians, Parsis and others who cannot adopt under personal law may adopt through the JJ Act route (Shabnam Hashmi, 2014); there is no fundamental right to adopt — it is a statutory right (Supriyo, 2023).
Valid Adoption
Conditions for Valid Adoption under HAMA 1956
The Hindu Adoptions and Maintenance Act, 1956 lays down specific conditions for capacity of the adoptive parent, the person giving the child in adoption, and the child who may be adopted. All conditions must be satisfied simultaneously for the adoption to be legally valid.
Capacity of Adoptive Father — S.7
A Hindu male of sound mind and not a minor can take in adoption. If married — must obtain consent of his wife (all wives if more than one). Wife's consent is mandatory. Exceptions: wife is dead, of unsound mind, has renounced the world, or has ceased to be Hindu. Single male can adopt a boy or girl (with age gap restriction for opposite sex).
Capacity of Adoptive Mother — S.8
A Hindu female can adopt independently only if she is of sound mind, not a minor, and is unmarried, divorced, or a widow. A married woman cannot adopt in her own right — she is a co-adopter in her husband's adoption. An unmarried Hindu woman may adopt a son or daughter. This was a progressive provision — equal right for women to adopt independently.
Capacity to Give in Adoption — S.9
Only the natural guardian (mother or father) can give a child in adoption. Father requires mother's consent unless she is dead, of unsound mind, or has renounced the world. For an illegitimate child — the mother alone has the right to give in adoption. When both parents are absent — the guardian appointed by the court may give in adoption with court permission.
Child Who May Be Adopted — S.10
The child must be: (1) Hindu; (2) Not already adopted; (3) Not married — unless a custom permits adoption of married persons; (4) Below 15 years of age — unless there is a community custom permitting adoption of older persons. Under CARA / JJ Act the age limit extends to below 18 years. Male adopter cannot have a living son, son's son, or son's son's son (unless a custom permits).
Age Difference Requirement — S.11
If a male is adopting a female child — he must be at least 21 years older. If a female is adopting a male child — she must be at least 21 years older. This mandatory age gap applies to HAMA 1956 adoptions involving opposite sex. For same-sex adoption (male adopting boy / female adopting girl) — no specific age gap is prescribed beyond the general majority requirement.
Giving & Taking Ceremony — S.11(vi)
Essential and mandatory for HAMA adoption. The child must actually be given by the natural parent/guardian and physically received by the adoptive parent. Datta homam (religious rite) is not mandatory post-1956. The physical act of giving and taking is essential. SC in Lakshman Singh Kothari v. Rup Kanwar (1961): without this ceremony, adoption under HAMA is invalid regardless of any deed or documentation.
Applicable Parties
Who May Adopt and Under Which Law
The applicable adoption law depends primarily on the religion of the prospective adoptive parents. The table below provides a quick reference to the applicable framework, the forum in Delhi, and the primary distinctions for each community.
| Religion / Community | Applicable Framework | Distinctive Features |
|---|---|---|
| Hindu, Buddhist, Jain, Sikh | HAMA 1956 (private) OR JJ Act 2015 / CARA | Two options available — HAMA is a private route; CARA is systematic with follow-up. Under HAMA, giving and taking ceremony is mandatory. Registration of adoption deed strongly advisable. |
| Muslim | JJ Act 2015 / CARA only | Islamic personal law does not recognise adoption (only kafala/guardianship). JJ Act adoption is an optional secular right — Shabnam Hashmi v. UOI (2014). Adopted child gets full legal status. CARA route only. |
| Christian | JJ Act 2015 / CARA only | Indian Christian law does not provide for adoption. Guardianship under Guardians and Wards Act 1890 was the traditional route, but JJ Act adoption is now preferred — child becomes legal child, not merely ward. |
| Parsi / Jew | JJ Act 2015 / CARA only | Personal laws do not recognise adoption. JJ Act is the only available route for full legal adoption. Guardianship under GWA remains possible but does not confer the same rights as adoption. |
| Inter-religion couples | JJ Act 2015 / CARA | HAMA 1956 applies only if both parties are Hindu. For inter-religion couples, the CARA / JJ Act route is applicable regardless of whether one partner is Hindu. |
| NRI / Foreign nationals | JJ Act 2015 / CARA + Hague Convention | NRIs and foreign nationals adopt through CARA inter-country process with mandatory Home Study Report from country of residence. India ratified Hague Convention in 2003. Priority given to domestic adoption first. |
Law Comparison
Old Position vs Current Position
| Aspect | Earlier Position | Current Position (2025) |
|---|---|---|
| Who could adopt | Only Hindus under HAMA — non-Hindus had guardianship only, not full adoption | All religions can adopt under JJ Act 2015 — CARA provides a uniform secular pathway for any citizen regardless of religion |
| Women's right to adopt | Women could not independently adopt under pre-1956 Hindu law — adoption was the prerogative of the male head of family | HAMA 1956 expressly grants an unmarried/widowed/divorced Hindu woman the right to adopt independently in her own name under Section 8 |
| Muslim adoption | No adoption under Islamic law — only kafala (guardianship equivalent). Muslims were confined to Guardians and Wards Act 1890 | Muslims can adopt under JJ Act 2015. Shabnam Hashmi v. UOI (2014) confirmed JJ Act is optional and secular — it does not violate personal law |
| Central coordination of adoptions | No central body — all adoptions individually handled by courts or private arrangements. No database or tracking mechanism | CARA is the statutory apex body. CARINGS portal — online registration, tracking, matching. CARA Adoption Regulations 2022 provide standardised transparent procedures |
| Rights of adopted child | Disputed in many cases — whether adopted child had same rights as biological in all respects, particularly regarding ancestral property | Settled — Section 12 HAMA: adopted child has same rights and status as biological child in adoptive family from the date of adoption. Biological family ties are severed |
| Inter-country adoption | No structured framework — courts dealt with cases ad hoc. Risk of trafficking as highlighted in Lakshmi Kant Pandey v. UOI (1984) | Comprehensive framework — Hague Convention 1993 ratified 2003, CARA Regulations 2022, CARINGS portal. CARA is Central Authority. Domestic adoption has priority |
| Jurisdiction for JJ Act adoptions | District Courts / Family Courts passed all adoption orders under JJ Act | JJ Amendment 2021 transferred this power to the District Magistrate (Child Protection Head), in force in most States from 1 September 2022. The Bombay High Court upheld the amendment and vacated its earlier interim stay on 4 May 2026 (Nisha Pradeep Pandya v. Union of India). Confirm the designated authority for the relevant State |
CARA Procedure
CARA / JJ Act Adoption — Step by Step
The following steps describe the standard CARA / JJ Act adoption process applicable to all religions. For HAMA 1956 adoption by Hindus, the process is distinct — primarily a private giving and taking ceremony followed by execution of a registered adoption deed.
1
Register on CARA / CARINGS Portal
Register on carings.nic.in as Prospective Adoptive Parents (PAP). Upload required documents including identity proof, marriage certificate, medical certificate, income proof, and photographs. Registration is free of cost. Both spouses must register for couples. NRI prospective parents register through CARA's empanelled body in their country of residence. CARA allocates the registered family to a Specialised Adoption Agency (SAA) in their district or state.
2
Home Study Report (HSR)
The SAA social worker conducts a comprehensive Home Study — visits the prospective family's home, interviews family members, and assesses financial stability, emotional readiness, family dynamics, motivation to adopt, home environment, and childcare capacity. The HSR is prepared and submitted through the CARA system. Typically takes 2–3 months to complete. A valid HSR is good for 3 years from completion.
3
Child Reference and Matching
CARA matches children declared legally free for adoption by the Child Welfare Committee (CWC) with registered families, based on the family's waiting period and stated preferences. The prospective parents receive child profiles (up to six at a time) and must reserve a child within 48 hours under the CARA Adoption Regulations 2022; an unreserved profile is released back to the waiting list. The CARINGS system maintains transparency — first-come-first-matched. A single male cannot be matched with a girl child under CARA Regulations 2022.
4
Pre-Adoption Foster Care
After accepting the child profile, the child is placed in pre-adoption foster care with the prospective family while the legal process completes. The SAA formally hands over the child. The family cares for the child as their own during this period, which is the critical bonding phase. Foster care continues until the court passes the adoption order. The placement can be disrupted before the order if the family finds it unsuitable, with mandatory reporting to the SAA and CARA.
5
Court Adoption Order — Delhi Family Court / District Court
The SAA files an adoption petition in the Family Court or District Court on behalf of the prospective parents, along with all documents including CARA certificates, HSR, CWC declaration, and pre-adoption foster care report. The court examines compliance with CARA Adoption Regulations 2022 and the JJ Act, and passes the Adoption Order. Note: following the JJ Amendment 2021, this power now vests in the District Magistrate (Child Protection Head) — the Bombay High Court upheld the amendment and vacated its earlier interim stay on 4 May 2026 in Nisha Pradeep Pandya v. Union of India; the designated authority (court or District Magistrate) should be confirmed for the relevant State before filing. Once the order is passed, adoption is legally complete.
6
Post-Adoption Follow-Up and New Birth Certificate
Mandatory SAA follow-up for 2 years after the adoption order — quarterly in Year 1, half-yearly in Year 2, with all reports submitted through the CARA portal. After the adoption order, the child's birth certificate is updated — a new certificate is issued showing the adoptive parents' names. The biological parents' names no longer appear. This new certificate is used for all future purposes including passport application, school admission, and Aadhaar.
Important Note
Following the JJ (Amendment) Act 2021, the authority to pass an adoption order may be the District Magistrate (Child Protection Head) rather than a court, depending on the State and the date of the application. Before filing, confirm the currently designated authority for the relevant State, as the position has varied between States and was the subject of litigation up to 2026.
Documents
Documents Required
For CARA / JJ Act Adoption (applicable to all religions):
Aadhaar Card — both prospective adoptive parents
Marriage certificate (for couples)
Income proof — salary slips or ITR for last 3 years
Medical certificate — physically and mentally fit
Proof of residence — Aadhaar, utility bills
Bank statement — last 6 months
Autobiography — written by both prospective parents
Family photographs — 4 to 5 recent photographs
Two character references from responsible persons
Death certificate — if widow or widower
For HAMA 1956 Adoption (Hindus — additional documents):
Registered adoption deed executed after giving and taking ceremony
Consent deed of wife / husband as required under S.7 HAMA
Birth certificate of child to be adopted
Relinquishment deed or consent of natural parents
Practical Tip
A Home Study Report (HSR) prepared under the CARA Adoption Regulations 2022 is valid for three years. Keeping the CARINGS profile complete and the HSR current avoids re-processing delays; where a relative adoption is possible, that route is often simpler than the general pool. Always retain a registered adoption deed under Section 16 HAMA for evidentiary value in HAMA adoptions.
Key Points
Key Points — Adoption in India
⏱ Key Reference Points — Adoption Law
Child's age limit — HAMA 1956Below 15 years
Child's age limit — CARA / JJ ActBelow 18 years
Age difference — HAMA (opposite sex)Minimum 21 years
Single male adopting girl child — CARANot permitted
Stable marriage required — CARA (couples)Minimum 2 years
Adoption — revocabilityIrrevocable once complete
Rights of adopted child — S.12 HAMASame as biological child
Post-adoption follow-up — CARA2 years mandatory
HSR validity period3 years
Reservation period after child referral — CARA48 hours
Applicable Laws
Relevant Statutes
📖 Relevant Section (Hindu Adoptions and Maintenance Act, 1956) +
Section 6 — Requisites of a valid adoption
No adoption shall be valid unless—
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
No adoption shall be valid unless—
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
Section 7 — Capacity of a male Hindu to take in adoption
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Section 8 — Capacity of a female Hindu to take in adoption
Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that, if she is married, she shall not adopt except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that, if she is married, she shall not adopt except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Section 11 — Other conditions for a valid adoption
In every adoption, the following conditions must be complied with:—
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made 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;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or, in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Source: Hindu Adoptions and Maintenance Act, 1956 — Sections 6, 7, 8, 11 | India Code (indiacode.nic.in) | Act No. 78 of 1956
In every adoption, the following conditions must be complied with:—
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made 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;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or, in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Hindu Adoptions and Maintenance Act, 1956 — Sections 5–16
S.4: HAMA has overriding effect over prior Hindu law and custom on matters it covers. S.5: adoptions by Hindus must be made in accordance with this Chapter. S.7: Capacity of Hindu male to adopt. S.8: Capacity of Hindu female to adopt independently. S.9: Who can give in adoption. S.10: Conditions — child must be Hindu, below 15, not already adopted. S.11: Conditions for valid adoption including the mandatory giving and taking ceremony at S.11(vi). S.12: Effects of adoption — adopted child same as biological child; ties with biological family severed. S.16: Registered adoption deed raises a presumption of validity.
View on India Code →
Juvenile Justice (Care and Protection of Children) Act, 2015 — Chapter VIII (Sections 56–73)
The secular adoption statute applicable to all religions. CARA given statutory status as apex body under S.68. Child Welfare Committee (CWC) declares children legally free for adoption — orphan, abandoned, or surrendered (OAS). Adoption order by the competent authority — court or District Magistrate (Child Protection Head) under the JJ Amendment 2021, which the Bombay High Court upheld on 4 May 2026. CARA Adoption Regulations 2022 framed under this Act govern the entire procedural framework.
View on India Code →
CARA Adoption Regulations, 2022
Comprehensive procedural framework replacing CARA Adoption Regulations 2017. Covers: PAP registration on CARINGS portal, Home Study Report requirements, matching criteria, pre-adoption foster care, court petition procedure, post-adoption follow-up, inter-country adoption process, and relative adoption provisions. Primary regulatory framework for all JJ Act adoptions in India.
CARA Website →
Guardians and Wards Act, 1890
For Muslims, Christians, Jews, and Parsis who cannot adopt under personal law — guardianship under GWA was the traditional alternative. However, guardianship does not confer the same rights as legal adoption — the child does not become the legal child of the guardian, inheritance rights are not automatic, and the relationship ends at 18 years. JJ Act adoption is now the preferred route for all non-Hindus requiring full legal adoption status.
View on India Code →
Hague Convention on Inter-Country Adoption, 1993
India ratified in 2003. Governs adoptions between India and other contracting states. CARA is the Central Authority for India under the Convention. Ensures adoptions are in the best interest of children and prevents trafficking and exploitation. NRI and foreign adoptions follow both Hague Convention requirements and CARA Adoption Regulations 2022. Domestic adoption has priority over inter-country adoption under both the Convention and CARA Regulations.
CARA — Hague Convention →
Registration Act, 1908
Under HAMA 1956, adoption deeds can be registered. Registration is not mandatory for the validity of the adoption itself — validity depends on the ceremony under Section 11(vi), not the deed. However, a registered deed under Section 16 HAMA raises a presumption of valid adoption that shifts the burden of proof to the party challenging the adoption. Registration is strongly advisable to prevent future disputes about whether the adoption occurred.
View on India Code →
Judgments
Landmark & Recent Judgments
1
Recent — 2026 Bombay HC: JJ Amendment Upheld
Nisha Pradeep Pandya v. Union of India
Bombay High Court | Neutral Citation 2026:BHC-OS:11417-DB | Division Bench: Justice Bharati Dangre & Justice Manjusha Deshpande | Decided: 04.05.2026
The Bombay High Court upheld the constitutional validity of the JJ (Amendment) Act, 2021, which substitutes "Court" with "District Magistrate" (Child Protection Head) as the competent authority to pass adoption orders. The Division Bench rejected the challenge under Articles 14 and 21 and the separation-of-powers argument, holding that the District Magistrate — aided by the CARA statutory framework and Adoption Regulations 2022 — is competent to discharge adoption functions in a child-centric manner, and that executive authorities routinely exercise quasi-judicial powers. The earlier interim stay (January 2023) was vacated; adoption orders passed by courts during the interim were held to be valid. Practitioners should confirm whether the court or the District Magistrate is the designated authority in the relevant State.
View on Indian Kanoon →
2
Recent — 2026 Delhi HC: CARA NOC for HAMA Adoptions
Gur Kaur (Minor) & Ors. v. Union of India & Anr.
Delhi High Court | Neutral Citation 2026:DHC:3264 | W.P.(C) 16096/2024 | Justice Sachin Datta | Decided: April 2026
The Delhi High Court held that CARA cannot refuse a No Objection Certificate for the inter-country relocation of a child validly adopted under HAMA 1956 merely because the adoption was not made under the JJ Act — and that issuing a mere "support letter" does not discharge CARA's statutory obligations. Examining the Adoption (Amendment) Regulations 2021 and the Adoption Regulations 2022, the Court held that CARA is expressly obligated, for HAMA adoptions concluded prior to the 2021 Regulations, to ensure compliance with Articles 5 and 17 of the Hague Convention on Inter-Country Adoption, and directed CARA to liaise with the foreign central authority and issue the NOC on completion of that exercise. Significant for Indian-origin parents settled abroad relocating children adopted under HAMA — administrative hesitation cannot override the paramount welfare of the child.
📋 View on Verdictum →
3
Recent (2026) — Adoptive Mothers: Maternity Rights
Hamsaanandini Nanduri v. Union of India & Ors.
Supreme Court of India | 2026 INSC 246 | W.P.(C) No. 960/2021 | Justice J.B. Pardiwala & Justice R. Mahadevan | Decided: 17.03.2026
Supreme Court struck down Section 60(4) of the Code on Social Security, 2020 which restricted maternity benefits to adoptive mothers only if the child was below three months of age. The Court held this classification arbitrary and violative of Articles 14 and 21. Declaring adoption a facet of reproductive autonomy under Article 21, the Court extended 12 weeks maternity benefit to all adoptive mothers irrespective of the child's age at adoption — a landmark recognition that parenthood is defined by care, not biology.
View on Indian Kanoon →
4
Recent (2025) — HAMA Adoption Date Recognition
Prema Gopal v. Central Adoption Resource Authority & Ors.
Supreme Court of India | SLP(C) No. 14886/2024 | Justice B.V. Nagarathna & Justice Satish Chandra Sharma | Decided: 29.01.2025
Supreme Court held that a HAMA adoption is legally valid and recognised from the date of the giving-and-taking ceremony, not from the date of formal registration of the adoption deed. Registration under Section 16 HAMA raises a presumption of valid adoption. Directed CARA to issue a No Objection Certificate for inter-country adoption without treating the pre-2021 ceremony as subject to the Adoption Regulations 2022 — reinforcing that concluded HAMA adoptions cannot be retrospectively burdened with extraneous compliance requirements.
View on Indian Kanoon →
5
Recent — 2023 SC Constitution Bench
Supriyo @ Supriya Chakraborty & Anr. v. Union of India
Supreme Court of India | 2023 INSC 802 | 5-Judge Constitution Bench | Decided: 17.10.2023
The Constitution Bench — while deciding the marriage equality petitions — held by majority that there is no fundamental right to adopt under the Constitution. The court declined to extend CARA Adoption Regulations to allow same-sex couples to adopt — holding that this is a matter for Parliament to legislate. The majority confirmed that the right to adopt is a statutory right governed by CARA Regulations, not a constitutional mandate. The judgment definitively settled the position on same-sex couple adoption under current Indian law and confirmed that adoption law is subject to Parliamentary amendment. Review petitions against the judgment were dismissed by a 5-Judge Bench on 09.01.2025, holding that there was no error apparent on the record — the decision continues to hold the field.
View on Indian Kanoon →
6
Relevant — Unwed / Single Mother & Privacy
ABC v. State (NCT of Delhi)
Supreme Court of India | (2015) 10 SCC 1 | Decided: 2015 | Justice Vikramajit Sen
Though primarily a guardianship matter, this judgment is applied in adoption proceedings involving single mothers. The court confirmed that an unwed mother can arrange for the adoption of her child without revealing the father's identity. Forcing disclosure of the father's details violated the mother's right to privacy under Article 21. SAAs and courts cannot insist on the father's details as a precondition for the adoption process where no claim is made by the father. The judgment protects the welfare of the child by enabling the adoption to proceed without the cooperation of an absent or unknown father.
View on Indian Kanoon →
7
Landmark — Secular Adoption Right
Shabnam Hashmi v. Union of India & Ors.
Supreme Court of India | (2014) 4 SCC 1 | AIR 2014 SC 1281 | Decided: 19.02.2014 | CJI P. Sathasivam, Justices Ranjan Gogoi & Shiva Kirti Singh
Landmark judgment confirming that the JJ Act is a secular enabling statute that permits any person — regardless of religion — to adopt a child. Muslims, Christians, Parsis, and Jews who cannot adopt under personal law can adopt under the JJ Act. The court held that the JJ Act does not violate personal laws because it is optional and voluntary. Declined to declare adoption as a fundamental right under Article 21 — confirmed it as a statutory right available to all citizens. Emphasised that every child has the right to a family regardless of the religion of the adoptive parents.
View on Indian Kanoon →
8
Landmark — Inter-Country Adoption & CARA
Lakshmi Kant Pandey v. Union of India
Supreme Court of India | (1984) 2 SCC 244 | Decided: 06.02.1984 | Justice P.N. Bhagwati
Foundational judgment on inter-country adoption — laid down comprehensive guidelines to protect children from trafficking and exploitation during overseas adoptions. Recommended the creation of what later became CARA (established by the Government in 1989). Held that Article 21 (right to life) of an abandoned or destitute child includes the right to be taken in adoption into a safe family. These guidelines shaped all subsequent adoption law including the JJ Act 2015 and CARA Regulations 2022. India's accession to the Hague Convention on Inter-Country Adoption (ratified 2003) followed from the framework envisioned by this judgment.
View on Indian Kanoon →
9
Landmark — Widow's Adopted Son Enures to Deceased Husband (s.12)
Sawan Ram v. Kalawati
Supreme Court of India | AIR 1967 SC 1761 | (1967) 3 SCR 687 | Decided: 19.04.1967 | Justices V. Bhargava, K.N. Wanchoo (CJ) & G.K. Mitter
Clarified the effect of an adoption made by a Hindu widow under Section 12 of HAMA 1956. The Court held that when a married Hindu female (including a widow) takes a child in adoption, the child becomes the adopted child not only of the woman but also of her deceased husband, and is deemed to belong to the family of the deceased husband — with consequent rights of succession. The Court also examined Section 9(2) on who may give a child in adoption. The principle was subsequently followed in Sitabai v. Ramchandra (AIR 1970 SC 343). (The separate requirement of a giving-and-taking ceremony is governed by Lakshman Singh Kothari, above.)
View on Indian Kanoon →
10
Landmark — Giving & Taking Ceremony Essential (s.11(vi))
Lakshman Singh Kothari v. Smt. Rup Kanwar
Supreme Court of India | AIR 1961 SC 1378 | (1962) 1 SCR 477 | Decided: 22.03.1961 | Justices K. Subba Rao & Raghubar Dayal
Settled that under Hindu law a valid adoption requires a formal ceremony of giving and taking — the natural parent must physically hand over the child and the adoptive parent must receive the child. This requirement is reflected in Section 11(vi) of HAMA 1956. The physical act of handing over may be delegated to a third party, but the ceremony itself cannot be dispensed with; where there is no actual giving and taking, the adoption is invalid regardless of any deed or intention. This remains the leading authority on the essential ceremony for a HAMA adoption.
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Recent Developments
Recent Developments
2022 — New Regulations
CARA Adoption Regulations 2022
New CARA Adoption Regulations 2022 replaced the 2017 Regulations — streamlined procedures, enhanced transparency, improved timelines, new provisions for relative adoption, and an improved CARINGS portal for online registration and real-time tracking of adoption cases across India.
FY 2024-25 — Record
Domestic Adoptions Reach Multi-Year High
CARA and the Ministry of Women and Child Development reported a record 4,515 adoptions in FY 2024-25 (4,155 of them domestic) — the highest in twelve years. The digitised CARINGS portal, an active child-identification drive that added 8,598 children to the pool, and 245 new adoption agencies contributed to the increase. Government policy actively encourages domestic adoption over inter-country adoption.
October 2023 — Constitution Bench
No Fundamental Right to Adopt Confirmed
SC in Supriyo v. Union of India (2023) held by majority — no fundamental right to adopt under the Constitution. Adoption remains a statutory right. Same-sex couple adoption not permitted under CARA Regulations — Parliament must legislate for any change in this regard.
May 2026 — Bombay HC Ruling
JJ Amendment 2021 Upheld — DM as Adoption Authority
On 4 May 2026, the Bombay High Court (Nisha Pradeep Pandya v. Union of India) upheld the JJ Amendment 2021 and vacated its earlier interim stay, confirming that the District Magistrate (Child Protection Head) is the competent authority to pass adoption orders under the JJ Act. Orders passed by courts in the interim remain valid.
FAQ
Frequently Asked Questions
Can Muslims adopt a child in India?
Yes — but not under Muslim personal law, which does not recognise adoption and only provides for kafala (a form of guardianship). However, under the Juvenile Justice Act 2015, any person regardless of religion can adopt through the CARA system. The Supreme Court in Shabnam Hashmi v. Union of India (2014) confirmed that the JJ Act is secular and optional — it does not violate Islamic law because use of the JJ Act is voluntary. A Muslim who adopts under JJ Act becomes the full legal parent of the child with all consequential rights including inheritance and succession.
What rights does an adopted child have?
Under Section 12 HAMA 1956, an adopted child is deemed to be the child of the adoptive parent for all purposes — with all rights, privileges, and obligations of a biological child. This includes the right of inheritance and succession in the adoptive family; right to maintenance; right to use the adoptive parent's name; and all other legal rights from the date of adoption. The child simultaneously loses all rights in the biological family — except that pre-existing vested rights (like an inheritance already accrued before adoption) are not divested. Under the JJ Act route, the adoption order confers the same complete legal status.
Is HAMA adoption valid without a deed or registration?
Yes — under HAMA 1956, the actual giving and taking ceremony makes an adoption valid, not a deed or registration. Section 11(vi) requires the physical act of giving and receiving the child. A registered adoption deed under Section 16 HAMA raises a presumption of validity but is merely evidentiary — even an unregistered adoption can be valid if the ceremony was properly performed. However, without any deed or witnesses, proving that the adoption occurred in a future dispute will be extremely difficult. Registration is strongly advisable in all cases.
Can a single person adopt in India?
Yes — under both HAMA 1956 and CARA / JJ Act 2015. Under HAMA: an unmarried, widowed, or divorced Hindu female can adopt independently under Section 8. A single Hindu male can also adopt. Under CARA / JJ Act: single persons can register as PAP and adopt. Key restriction: a single male cannot adopt a girl child under CARA Adoption Regulations 2022. A single female can adopt a child of either gender. For couples, both must consent and the couple must have a stable marital relationship of at least 2 years under CARA norms.
How long does the CARA adoption process take?
The timeline varies considerably: CARA registration and document upload (1–2 weeks); Home Study Report preparation (2–3 months); waiting for a child match — this is the most variable element and can range from a few months to several years depending on stated preferences. Healthy infant matches take substantially longer than matches for older children or children with special needs. Pre-adoption foster care and court petition (3–6 months); adoption order after court proceedings. Overall: roughly 2–4 years for an infant match, considerably shorter for older children or children with special needs.
Can an NRI or foreign national adopt an Indian child?
Yes — through the CARA inter-country adoption process under CARA Adoption Regulations 2022 and the Hague Convention. NRI prospective parents register on CARINGS with documents attested and apostilled as required. A Home Study Report by a CARA-empanelled agency in the country of residence is mandatory. CARA matches the child. The Indian court passes the adoption order and CARA issues a No Objection Certificate for the child's travel abroad. Indian policy gives priority to domestic adoption first — inter-country is considered only when domestic options are not available. NRIs (Non-Resident Indians) are given priority over foreign nationals in inter-country placements.
Can adoption be cancelled or revoked after completion?
No — under HAMA 1956, a valid adoption is irrevocable. It cannot be cancelled, annulled, or revoked by the adoptive parents or the natural parents once completed. The child cannot be returned. Under CARA / JJ Act — once the court issues the adoption order, it is equally final and irrevocable. Pre-adoption foster care placements (before the court order) can technically be disrupted if the family finds the placement unsuitable — but this must be reported to the SAA and CARA, which will arrange an alternate placement for the child. The child's welfare remains paramount at every stage.
What is the difference between adoption and guardianship?
Adoption and guardianship are fundamentally different in legal effect. Adoption is irrevocable — the child becomes the full legal child of the adoptive parents with all consequential rights (inheritance, succession, maintenance) and the biological family ties are severed. Guardianship is a temporary legal relationship — the guardian has care and custody of the child but the child does not become the guardian's legal child, retains biological family ties, has no automatic inheritance rights in the guardian's family, and the relationship ends when the child attains 18 years. For non-Hindus seeking full legal parent-child status, JJ Act adoption is now strongly preferred over guardianship.
Can a Hindu wife adopt without her husband's consent?
Under Section 7 HAMA 1956, if a Hindu male is adopting, the consent of his wife (all wives if more than one) is mandatory. Consent is not required only if the wife is dead, of unsound mind, has renounced the world, or has ceased to be a Hindu. Under CARA / JJ Act — consent of both spouses is required for a couple to adopt. A married woman cannot adopt independently under HAMA — she is a co-adopter in her husband's adoption. An unmarried, widowed, or divorced Hindu woman can adopt independently in her own right under Section 8 HAMA.
What happens to the child's birth certificate after adoption?
After a valid adoption order, the child's birth certificate is updated. A new certificate is issued showing the adoptive parents' names — the biological parents' names no longer appear. Process: submit a certified copy of the adoption order to the Municipal Corporation or concerned authority where the birth was registered, then apply for a new birth certificate with the adoptive parents' names. The new certificate is used for all future purposes — passport application, school admission, Aadhaar enrollment — with the adoptive parents listed as parents.
Self-Assessment
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Glossary
Key Legal Terms
CARA
Central Adoption Resource Authority — the apex statutory body for adoption under JJ Act 2015, Ministry of Women and Child Development. Regulates and monitors all in-country and inter-country adoptions in India through the CARINGS portal.
HAMA 1956
Hindu Adoptions and Maintenance Act, 1956 — governs adoption by Hindus, Buddhists, Jains, and Sikhs through a private giving and taking ceremony. Also governs maintenance rights of Hindu family members.
Giving & Taking Ceremony
The essential element of HAMA adoption — the physical act of the natural parent(s) giving the child and the adoptive parent(s) receiving the child. Without this ceremony, adoption under HAMA is invalid regardless of any documentation — per Section 11(vi) HAMA and Lakshman Singh Kothari v. Rup Kanwar (1961).
PAP / PAR
Prospective Adoptive Parent(s) — persons registered on CARINGS portal to adopt through the CARA / JJ Act process. Registration on carings.nic.in is the mandatory first step for all CARA adoptions.
OAS Child
Orphan, Abandoned, or Surrendered child — the three categories of children declared legally free for adoption by the Child Welfare Committee (CWC) and available on the CARA system for adoption by registered PAPs.
SAA
Specialised Adoption Agency — CARA-recognised agency that manages the adoption process end to end: Home Study Reports, child-family matching, pre-adoption foster care, court petition filing, and mandatory post-adoption follow-up.
Kafala
The Islamic alternative to adoption — a form of guardianship or foster care where a child is placed under an adult's care without the legal parent-child relationship being created. The child retains biological family identity under Islamic law. Not equivalent to full legal adoption.
Home Study Report (HSR)
Report prepared by SAA social worker after visiting the prospective adoptive family — assessing financial stability, emotional readiness, home environment, childcare capacity, and motivation to adopt. Required for CARA adoption. Valid for 3 years from completion.
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