Adoption Law in India – Step-by-Step Legal Guide
Adoption gives a child a permanent family and secure future. However, adoption also requires strict legal compliance. Therefore, understanding the Adoption Law in India – Step-by-Step Legal Guide helps parents follow the correct process and avoid legal issues.
What Is Adoption Under Indian Law?
Adoption is a legal process that creates a parent-child relationship. The adopted child gets the same rights as a biological child. Hence, Indian law focuses on the child’s welfare and stability.
Laws Governing Adoption in India
India follows different adoption laws based on religion and circumstances.
Hindu Adoption and Maintenance Act, 1956 (HAMA)
HAMA applies to Hindus, Sikhs, Jains, and Buddhists. This law allows legal adoption with specific conditions related to age, consent, and eligibility.
Juvenile Justice Act, 2015 (JJ Act)
The JJ Act applies to all Indian citizens, including Muslims, Christians, Parsis, and foreigners. CARA regulates adoption under this Act. Therefore, most adoptions now follow this law.
Who Can Adopt a Child in India?
As per the Adoption Law in India – Step-by-Step Legal Guide, the following can adopt:
- Married couples
- Single men or women
- NRIs and OCI cardholders
However, adoptive parents must meet age limits, financial stability, and health standards.
Step-by-Step Adoption Law in India – Step-by-Step Legal Guide
Step 1: Online Registration
First, prospective parents register on the CARINGS portal managed by CARA. They submit personal details and adoption preferences.
Thus, the official process begins.
Step 2: Home Study Report (HSR)
Next, a social worker conducts a home study. The report checks emotional readiness, lifestyle, and living conditions.
Therefore, child safety remains the priority.
Step 3: Child Referral
After approval, CARA refers a child based on preferences. Parents review the child’s medical and background details.
Then, they accept the referral online.
Step 4: Pre-Adoption Foster Care
After acceptance, the child moves into pre-adoption foster care. Parents start bonding with the child during this stage.
Hence, emotional adjustment develops early.
Step 5: Court Adoption Order
The adoption agency files a petition in the district court. The judge reviews documents and passes the adoption order.
Therefore, adoption becomes legally valid.
Step 6: Post-Adoption Follow-Up
Finally, social workers conduct post-adoption visits. They ensure the child’s well-being for a specific period.
Thus, monitoring continues.
Adoption Under Hindu Law (HAMA)
HAMA allows direct adoption without CARA. However:
- A married man needs his wife’s consent
- The child must be unmarried
- Gender and age gap rules apply
Therefore, legal compliance remains essential.
Adoption Under JJ Act (CARA Process)
The JJ Act ensures transparency and prevents illegal adoption. CARA regulates every stage strictly. Hence, this process offers maximum legal protection.
Rights of an Adopted Child
An adopted child enjoys:
- Equal inheritance rights
- Right to family name
- Legal identity in adoptive family
Thus, adoption ensures lifelong security.
Common Challenges in Adoption
- Long waiting periods
- Document verification delays
- Limited child availability
However, patience and preparation help overcome these issues.
Role of Legal Experts in Adoption
Legal experts guide parents through documentation, court procedures, and compliance. Therefore, professional help simplifies the Adoption Law in India – Step-by-Step Legal Guide.
Conclusion
Adoption changes lives forever. However, legal compliance ensures protection for both child and parents. Understanding the Adoption Law in India – Step-by-Step Legal Guide helps families adopt lawfully, confidently, and responsibly.
Call Advocate Sagar Sharma today and get more advice.
- Contact Advocate Sagar Sharma.
- Bharat ki Adalat Law Firm, New Delhi.
- Phone: +91-9999019695.