Property Law July 13, 2026 6 min read

Adoption Laws in India | Process & CARA Guidelines

Complete guide to adoption laws in India. Adoption process under JJ Act 2015, CARA guidelines, eligibility.

Adoption Laws in India 2025

Introduction – Adoption Laws in India

Adoption is the legal process through which a person becomes the lawful child of another person, with all the rights, privileges, and responsibilities of a biological child. In India, adoption is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Hindu Adoption and Maintenance Act, 1956 (HAMA). The JJ Act provides for secular adoption applicable to all persons regardless of religion, while HAMA applies specifically to Hindus. The Central Adoption Resource Authority (CARA) is the nodal body regulating adoption in India. This comprehensive guide explains the adoption process, eligibility criteria, CARA guidelines, documentation required, and the role of an adoption lawyer in Kolkata.

Legal Framework for Adoption in India

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

The JJ Act, 2015 is the primary legislation governing adoption of children in India. It applies to all citizens regardless of religion and provides for: adoption of orphaned, abandoned, or surrendered children; in-country adoption (Indian citizens adopting Indian children); and inter-country adoption (foreign citizens or NRIs adopting Indian children). CARA is the central authority that regulates adoption under the JJ Act.

Hindu Adoption and Maintenance Act, 1956 (HAMA)

HAMA applies to Hindus, Buddhists, Jains, and Sikhs. It allows for adoption of a child by a Hindu adult with simpler procedures than the JJ Act, but the adoption must comply with the requirements of HAMA including capacity to adopt, consent of parents, and ceremonies.

Guardians and Wards Act, 1890

For non-Hindu citizens who are not covered by HAMA or the JJ Act (for foreign adoptions), the Guardians and Wards Act provides for guardianship rather than full adoption. The guardian has custody of the child until the age of 21, but the child does not become the legal heir of the guardian.

Eligibility Criteria for Adoption Under JJ Act

For Prospective Adoptive Parents (PAPs)

Under the JJ Act and CARA guidelines, the following criteria apply: (1) The PAP must be physically, mentally, and emotionally stable, financially capable, and motivated to adopt. (2) The PAP must not have any life-threatening medical condition. (3) The minimum age difference between the child and both parents should be at least 25 years. (4) The maximum age of PAPs for adopting a child below 2 years is 45 years (both parents) or 55 years for a single parent (for children above 2 years, age limits are higher). (5) A couple must have been married for at least 2 years and must have a stable relationship. (6) Single women can adopt children of any gender. Single men can adopt only male children.

For the Child

A child is eligible for adoption if the child is: (1) declared legally free for adoption by the Child Welfare Committee (CWC), (2) orphaned, abandoned, or surrendered, (3) a child of a parent who has given free consent for adoption, or (4) a relative's child where adoption is in the child's best interest.

Adoption Process Under JJ Act

Step 1: Registration

Prospective adoptive parents must register online on the CARA portal (cara.nic.in) or the Child Adoption Resource Information and Guidance System (CARINGS). The registration requires filling in personal details, uploading documents, and selecting preferences (age, gender, health status of the child).

Step 2: Home Study Report (HSR)

The Specialised Adoption Agency (SAA) near the PAP's residence conducts a home study to assess the suitability of the PAPs. The HSR includes interviews, home visits, assessment of financial capacity, health status, and motivation for adoption. The HSR must be completed within one month of registration.

Step 3: Referral of Child

Based on the PAP's preferences and the availability of children, the SAA refers the profile of a child to the PAPs. The referral includes the child's photograph, medical report, background details, and legal status.

Step 4: Acceptance and Matching

The PAPs have 15 days to accept or reject the referral. If accepted, the child is matched with the PAPs by the Adoption Committee of the SAA.

Step 5: Pre-Adoption Foster Care

The PAPs take the child into pre-adoption foster care for a period of at least 15 days to establish bonding and ensure compatibility.

Step 6: Filing Adoption Petition

After the foster care period, the PAPs file an adoption petition before the District Court under Section 61 of the JJ Act. The petition seeks the court's order declaring the adoption.

Step 7: Court Hearing and Order

The court examines the petition, verifies compliance with the JJ Act and CARA guidelines, and passes the adoption order. The adoption order grants the child all legal rights of a biological child including inheritance rights.

Step 8: Issuance of Adoption Certificate

After the court order, CARA issues the adoption certificate which is the legal proof of adoption.

Adoption Under HAMA (Hindu Adoption)

Hindus can also adopt under HAMA, which has simpler procedures. The adoptive parent must be a Hindu adult of sound mind. The child being adopted must be a Hindu who has not already been adopted. The biological parent(s) must give consent. The adoption must be evidenced by a registered adoption deed. However, HAMA adoptions are not regulated by CARA and do not require the JJ Act procedure. This route is suitable for relative adoptions within the Hindu community.

Documents Required for Adoption

Documents include: adoption application form, marriage certificate (for couples), birth certificates of PAPs, medical certificates of PAPs, proof of income (salary slips, IT returns), proof of residence, character references, photographs, home study report, consent of spouse, and undertaking to provide for the child.