Quick answer: how legal adoption works in India
Hindus, Buddhists, Jains and Sikhs can adopt under the Hindu Adoptions and Maintenance Act, 1956, usually recorded by a registered adoption deed, provided the conditions on capacity, consent and the child’s age are met. Every person can also adopt under the Juvenile Justice Act, 2015 through CARA’s online system, which covers orphan, abandoned and surrendered children, relative adoption and step-parent adoption. Since September 2022, adoption orders under the Juvenile Justice Act are passed by the District Magistrate, not the court. Muslims, Christians and Parsis can adopt only under the Juvenile Justice Act, or take guardianship.
Last reviewed: 2 November 2026. Written by Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad.
Two Legal Routes
| Law | Who can use it | How |
|---|---|---|
| Hindu Adoptions and Maintenance Act, 1956 | Hindus, Buddhists, Jains, Sikhs | Giving and taking ceremony; registered deed raises a presumption of valid adoption (Section 16) |
| Juvenile Justice Act, 2015 and Adoption Regulations, 2022 | Any person, any religion | Registration with CARA, home study, matching, order by the District Magistrate |
| Guardians and Wards Act, 1890 | Any person | Guardianship only, not adoption; the child does not become an heir |
Conditions Under the Hindu Law
- The adoptive parent must be of sound mind and a major; a married man or woman needs the consent of the spouse.
- The child must be a Hindu, not already adopted, and generally under 15 years, unless custom allows otherwise.
- A son cannot be adopted if the parent already has a Hindu son, and a daughter cannot be adopted if the parent already has a Hindu daughter.
- The child must actually be given and taken by the parents or guardian with the intention of adoption.
- An adoption once made cannot be cancelled by either side.
Relative, Step-Parent and CARA Adoption
Relative and step-parent adoptions are covered by the Adoption Regulations, 2022 and are processed through CARA’s portal with the District Child Protection Unit. In-country adoption of children in need of care follows registration, a home study report and referral. The adoption order is passed by the District Magistrate under the Juvenile Justice (Amendment) Act, 2021, which the Bombay High Court upheld in 2026. NRI and inter-country adoptions need additional approvals from CARA.
Documents and Practical Points
- Identity, address, marriage and income proof, medical fitness and photographs of the adoptive parents.
- Consent of the biological parents or guardian, where applicable.
- Birth certificate of the child; after adoption, a new birth certificate in the adoptive parents’ names.
- For HAMA, an adoption deed registered with the Sub-Registrar, witnessed and with photographs of the ceremony.
- Never take a child informally or through an agent. Unregistered and private adoptions can be invalid and expose parties to criminal liability.
Planning to Adopt?
We advise on the right route, prepare the adoption deed or CARA documentation, and help with the District Magistrate process.
Frequently Asked Questions
A Hindu, Buddhist, Jain or Sikh adult of sound mind. A married person needs the spouse’s consent, and conditions apply on the child’s age and existing children.
Yes, under the Juvenile Justice Act, 2015 through CARA. Their personal laws do not provide adoption, so otherwise only guardianship is available.
Under the Juvenile Justice Act, the District Magistrate, since the 2021 amendment came into force in September 2022.
Through step-parent adoption under the Adoption Regulations, 2022, registered on CARA’s portal, with the consent of the biological parent where required.
Not strictly, but a registered deed raises a legal presumption that the adoption was valid and avoids later disputes.
Yes. A validly adopted child has the same rights as a biological child in the adoptive family.
A valid adoption under HAMA cannot be cancelled by the parents or the child. Disrupted CARA adoptions follow the regulations.
Yes, through CARA as inter-country or relative adoption, with additional checks.
Legal basis
- Hindu Adoptions and Maintenance Act, 1956, Sections 6 to 16
- Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021 (in force from 1 September 2022)
- Adoption Regulations, 2022 (CARA)
- Guardians and Wards Act, 1890
- Nisha Pradeep Pandya v. Union of India (2026), Bombay High Court (validity of the 2021 amendment)
This page is general information, not legal advice for your case. Last reviewed 2 November 2026.
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