Adoption in India proceeds under two distinct routes — the Hindu Adoptions and Maintenance Act, 1956 for Hindus, and the Juvenile Justice (Care and Protection of Children) Act, 2015 read with the Adoption Regulations, 2022 administered through CARA. The chamber of Advocate Manish Jha advises and appears in both.
Two Legal Routes to Adoption
Indian adoption law is entirely India-specific legislation; there is no single umbrella code. The route depends on the parties and the child.
Adoption under the Hindu Adoptions and Maintenance Act, 1956
Hindus, Buddhists, Jains and Sikhs may adopt under this Act. The person adopting must have the capacity the Act prescribes, the person giving in adoption must be entitled to do so, and the child must be capable of being taken in adoption. Consent requirements — including the consent of a living spouse — must be satisfied. A valid HAMA adoption transfers the child into the adoptive family for all purposes, and an adoption deed, though not the only mode of proof, is strongly advisable and is commonly registered.
Adoption under the Juvenile Justice Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a secular route open to any eligible person, regardless of religion. It governs the adoption of orphaned, abandoned and surrendered children as well as adoption by step-parents and relatives. The process is regulated by the Central Adoption Resource Authority (CARA) under the Adoption Regulations, 2022: registration of prospective adoptive parents, a home study report, referral of a child, pre-adoption foster care and the final adoption order. In-country adoptions and inter-country adoptions both pass through this framework, with inter-country cases involving additional clearances and, where applicable, the safeguards India follows for inter-country adoption.
Where a Lawyer Fits In
- Advising which route applies and whether the parties are eligible;
- Drafting and registering adoption deeds under HAMA;
- Preparing documentation for CARA registration and responding to queries;
- Appearing in court and District Magistrate proceedings for adoption orders;
- Handling follow-on issues — birth records, succession and guardianship.
Advocate Manish Jha, with more than fifteen years of practice before the Delhi District Courts and the High Court of Delhi, assists adoptive families through the process from eligibility to the final order. The chamber can be reached through the contact page for children-related matters.
Frequently Asked Questions
Who can adopt a child in India?
Under the Juvenile Justice Act, 2015 and the Adoption Regulations, 2022, prospective adoptive parents of any religion may adopt if they are physically, mentally and financially capable, and meet the age and eligibility norms fixed by the regulations. Hindus may alternatively adopt under the Hindu Adoptions and Maintenance Act, 1956, which has its own capacity and consent requirements, including spousal consent.
What is CARA and what does it do?
The Central Adoption Resource Authority (CARA) is the statutory authority under the Juvenile Justice Act, 2015 that regulates adoption of orphaned, abandoned and surrendered children in India. It maintains the online registration system for prospective adoptive parents, oversees specialised adoption agencies, frames the Adoption Regulations, 2022, and is the central authority for inter-country adoptions from India.
Is a registered adoption deed necessary for a Hindu adoption?
An adoption under the Hindu Adoptions and Maintenance Act, 1956 is complete when the statutory requirements, including the giving and taking of the child, are fulfilled. A registered adoption deed is not the only lawful mode, but it is strong evidence of the adoption and avoids later disputes over succession, school records and identity documents, so it is standard practice.
Can non-Hindus adopt in Delhi?
Yes. Persons of any religion may adopt through the Juvenile Justice (Care and Protection of Children) Act, 2015 route administered by CARA. The process involves online registration, a home study, referral and acceptance of a child, and a final adoption order. This secular route is also used by step-parents and relatives seeking to formalise an adoption.