How to Adopt a Child in India? Legal Process & Complete Guide

Adoption has long contributed to shaping lives, often offering children care, stability, and new opportunities. Even today, individuals who grow up through adoption may face certain social challenges, yet the support of a loving family can help them overcome these difficulties.

With changing times, society has become more accepting, and adoption is no longer viewed as taboo. It is now widely regarded as a meaningful and compassionate choice. To support this shift, various government bodies and authorities have been established to regulate the adoption process and safeguard the interests of both children and adoptive families.

While interest in adoption is increasing, many prospective parents remain unfamiliar with the legal procedures involved, including the importance of an adoption deed in formalizing the process. This blog serves as a comprehensive guide to help you understand the legal process of adopting a child in India.

What is Child Adoption? 

Child adoption is a legal procedure which involves embracing a child or a newborn baby who is not biologically related to the adoptive parent(s). It extends far beyond paperwork, it's also a profound emotional and psychological experience.

Understanding Types of Adoption in India

There are 3 types of adoption, as listed below: 

1. Domestic Adoption: Domestic Adoption is the adoption of an Indian child by Indian parent(s). 
2. Inter-Country Adoption: When foreign parent(s) adopt an Indian Child, it is known as Inter-Country Adoption. Inter-country adoption is controlled by the Juvenile Justice Act, 2015.  
3. Relative Adoption: When an Indian Child is adopted by their secondary family members or any known relative. 

Legal Eligibility to Adopt a Child in India

➤ The maximum age chart is given below: 

Step-by-Step Procedure to Adopt a Child in India

1. Registration 

Prospective Adopting Parents should first register on any government-recognized adoption agency. On CARA, PAPs can register under (Child Adoption Resource Information Guidance System) CARING and upload documents within 30 days. 

2. Home Study Report 

Once the PAPs are registered, the agency conducts a home study assessing the family's emotional, financial, and physical stability. It must be completed in the Schedule VII format within 60 days of document submission and shared with the parents promptly.

3. Counseling 

Before moving forward with the adoption, the prospective parents are supposed to go through counseling. This will help them understand the complexity of the process. They will also realize how emotionally and physically demanding this role will be. 

4. Referral 

Once the PAPs are approved for adoption, a child will be referred to them. CARA will help them to provide the details about the child, such as the child’s background or medical history.  

5. Acceptance Letter 

When the child and family both happily agree to be with each other, then the parent(s) have to sign the acceptance letter.  

6. Adoption Petition 

Draft petition to present in the court with all the necessary documents, which the parent(s) are supposed to sign in court.

7. Court Order 

After the court issues an order, the child may be placed in pre-adoption foster care with the prospective adoptive parent(s).

8. Foster Care 

Before the adoption, the child is placed with the parent(s) for foster care. Then the agency will assess the child’s progress during this period. 

9. Finalization of Adoption 

When foster care ends, the agency submits a report to the court, which then decides whether to grant adoption.  

If the court approves the adoption, the adoption agency issues a new birth certificate listing the adoptive parent(s) as the child’s legal parents.  

10. Post-Adoption Follow-up 

For the next 2 years after adoption, adoption agencies will keep taking follow-ups to ensure whether the child is adjusting well and provide the family with some support. 

Laws Governing Adoption in India

➤ Hindu Adoption & Maintenance Act, 1956

Hindu Adoption & Maintenance Act, 1956 governs the adoption and maintenance rights of Hindus in India. This act applies to Hindus, Jain, Sikh and Buddhists.  

 Following are the pre-conditions for adoption as per the act: 

• An adult male Hindu of sound mind can adopt a child, provided the child is male. 
• A female Hindu can adopt if she is unmarried, divorced or widowed. 
• A child who is a minor, unmarried and a Hindu can be adopted. 

➤ Juvenile Justice (Care & Protection of Child) Act, 2015

Juvenile Justice Act, 2015 ensures that children in need of care or those who are in conflict with the law get proper care, protection and support.  This act provides a legal framework for the adoption process. It ensures the child’s well-being is prioritized. It is a secular law for adoption. A person of any religion can adopt a child through this act. Its provision primarily focuses on orphaned, abandoned and surrendered children.  

➤ Guardians and Wards Act, 1890

• For communities outside the scope of HAMA, including Muslims and Christians, this law regulates guardianship and enables adoption-like arrangements through the courts.
• However, it does not recognise full adoption, permitting only guardianship arrangements.
• Under the Guardians and Wards Act, an individual seeking to care for a child may be appointed as the child’s guardian until the child reaches the age of 21.
• As a result, the Act does not grant full adoptive rights to the parents.

CARA 

CARA is a statutory body of the Ministry of Women and Child Development, Government of India. It regulates in-country and inter-country adoptions. CARA deals with abandoned, orphaned and surrendered children with the help of its associated agency. 

Documents Needed for the Adoption Process in India

➤ In Case of Domestic Adoption 

1. Identity Proof 
2. Marriage Certificate 
3. Proof of Residence 
4. Income Proof of last year 
5. Medical Reports 
6. Undertaking from a relative (In case of Single Parent) 
7. Consent of older child or children in the adoptive family 
8. Current family photograph or photo of the person adopting a child 

➤ In Case of International Adoption 

1. Current family photograph 
2. Passports of prospective adoptive parents 
3. Home study report 
4. Overseas Citizen of India card of PAPs (if applicable) 
5. Birth certificate of PAPs 
6. Proof of Residence  
7. Income Proof of last year 
8. Medical Reports 
9. Police Clearance certifying the antecedents of PAPs 
10. Marriage Certificates 
11. Copy of Divorce or Death Certificate of spouse 
12. Relative’s undertaking (In case of a single parent) 
13. 2 reference letters from the respected members of the society known to the PAPs 
14. Consent of older child/children in the adoptive family 

Stakeholders in Child Adoption Process 

1. Specialized Adoption Agency (SAA) 

An agency where the children are placed for adoption, recognized by the State Government. 

2. State Adoption Resource Agency (SARA) 

The purpose of SARA is to ensure that the children in need of a home can find loving and supportive families. They are responsible for coordinating between various stakeholders of the adoption process. The agency guides and supports families who are wishing and willing to adopt. 

3. District Child Protection Unit (DCPU) 

The primary function of DCPU is to protect children from abuse, neglect and exploitation. It helps adoption families and children by providing legal aid and counseling. The unit implements various child protection laws such as Juvenile Justice Act and POSCO Act. 

4. Authorized Foreign Adoption Agency (AFAA) 

The primary function of AFAA is to provide a loving family abroad to a child in need in India, adhering to the legal regulations of both India and International law. 

Challenges in the Adoption Process 

1. Time Taking Legal Process 

Adoption process can be overwhelming for both the adoptive parent and the child. With dwindling emotions if they have to deal with these complex legal processes, it gets challenging for them. 

2. Managing Social Stigma 

There are a lot of social stigmas associated with adoption. Especially with single mothers and children, society tends to discriminate. 

3. Child’s Emotions and Adjustments 

During the adoption process a child faces a lot of changes. These changes bring out so many emotions in a child. Due to this emotional shift, a child could feel agitated. One of the main aims of any authority associated with a child should be to make him/her feel safe. 

Post Adoption Formalities 

1. The SAA or authorized adopting agency conduct frequent visits to the adopting family post placement of the child. This is done to assess the adjustment of the child in a new environment and the family's ability to provide care & support. 
2. It is the adoptive family's responsibility to take the child for medical check-ups regularly. 
3. The adoptive parents should provide reports to CARA on the progress and achievements of the Child. 
4. Adoptive parents should update the important documents to include the child in it.  
5. The SAA shall prepare the post-adoption report of the child on 6 months interval for 2 years from the date of pre-adoption foster placement with PAPs and upload these reports in CARING along with the photos of the child within ten days of conduction of these reports. 
6. In case the adoptive parents are relocating, they shall inform the agency which has done their home study and the DCPU of the district they relocate. 
7. The DCPU of the district of the current residence of the PAPs shall prepare a post-adoption follow-up report and upload the same in a designated portal. 
8. In case of non-adjustment between the adoptive family and the adoptee the SAA and DCPU shall arrange necessary counselling for both. 

Do’s and Don'ts of Adoption Legal Process

How DigiLawyer Can Help You with an Adoption Deed

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Conclusion  

The beautiful journey of adoption creates families that are built on love and care. These relationships are beyond biological connections. Laws like the Juvenile Justice Act and authoritative agencies like CARA ensure that children and adoptive families are protected. They also ensure the transparency and smooth flow of the adoption process. Adoption is not just about giving a home to a child or giving a child to a family, but it is also about creating a bond that lasts forever. 

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