Adoption of an Orphan Child in India
✅ Legal Framework for Adoption in India
1. Hindu Adoption and Maintenance Act, 1956 (HAMA)
Applies to Hindus, Buddhists, Jains, and Sikhs.
Adoption is done privately, without court involvement.
Only allows adoption of legally free children (not abandoned or orphaned without a guardian).
Not ideal for adopting orphans or children in institutional care.
2. Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
Primary law for adopting orphans, abandoned, or surrendered children.
Adoption is handled through Central Adoption Resource Authority (CARA).
Applies to all religions.
Involves court orders and government regulation to ensure legal and ethical adoptions.
🧒 Who is Eligible for Adoption?
Under the JJ Act, a child is eligible if they are:
Orphaned: Both parents have died.
Abandoned: Deserted or left with no one to care for them.
Surrendered: Voluntarily given up by parents/legal guardians.
The child must be declared legally free for adoption by the Child Welfare Committee (CWC).
👪 Who Can Adopt?
Indian Prospective Adoptive Parents (PAPs):
Must be physically, mentally, emotionally, and financially stable.
Can be single or married.
Minimum age difference between child and adoptive parent: 25 years.
Single males can adopt only male children.
Single females can adopt any child.
Non-Resident Indians (NRIs) and Foreigners can also adopt under the JJ Act, but there's a longer procedure.
📋 How to Adopt an Orphan Child (Through CARA)
Step-by-Step Process:
Register Online
Visit CARA website
Fill out application and upload required documents.
Home Study Report (HSR)
Conducted by a social worker from a Specialised Adoption Agency (SAA).
Assesses your suitability to adopt.
Child Referral
You are matched with a legally free child from a SAA.
You can accept or reject the referral.
Acceptance & Legal Process
Sign child study and medical reports.
The agency files a petition in family court.
Court hearing is held and an adoption order is issued.
Post-Adoption Follow-up
Periodic visits by the agency for at least 2 years to monitor the child’s adjustment.
📝 Required Documents
ID proof (Aadhaar, PAN, Passport, etc.)
Marriage certificate (if applicable)
Income proof
Medical certificates
Consent of spouse (if married)
⏳ Timeframe & Cost
Timeframe: 6 to 12 months (can vary).
Cost: Regulated fees for home study and legal formalities (approx. ₹40,000–₹50,000 for Indian residents).
⚖️ Important Notes
Only adopt through authorized agencies registered with CARA.
Never adopt informally — it is illegal and unsafe for both the child and the adoptive parents.
Adoption grants the child full legal rights, including inheritance.
✅ Summary
| Aspect | Details |
|---|---|
| Governing Law | Juvenile Justice Act, 2015 |
| Authority | CARA (Central Adoption Resource Authority) |
| Who can adopt | Indian citizens, NRIs, foreigners (with conditions) |
| Who can be adopted | Orphan, abandoned, or surrendered children |
| Legal process | Court-based, through CARA and Specialised Adoption Agencies |
| Religion-based limit? | No (JJ Act applies to all religions) |
Do write to us if you need any further assistance.
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