Adoption Laws in India
Adoption in India is governed by different laws depending on the religion of the adoptive parents. The Juvenile Justice (Care and Protection) Act, 2015 is the primary law for adoption, along with CARA (Central Adoption Resource Authority) regulations.
Key Point: CARA (Central Adoption Resource Authority) is the central authority for adoption in India. All adoptions must follow CARA procedures.
Laws Governing Adoption
- Juvenile Justice (Care and Protection) Act, 2015: For all religions
- Hindu Adoption and Maintenance Act, 1956: For Hindus, Buddhists, Jains, Sikhs
- Guardians and Wards Act, 1890: For Muslims, Christians, Parsis (guardianship only)
Eligibility for Adoption
Age 25-55 years (varies for single parents)
Financially stable
Physically and mentally fit
Married couples must have 2+ years of stable marriage
Single persons can adopt (age 30-50 for male, 25-50 for female)
No existing child under 5 years (unless adopting special needs child)
Adoption Procedure through CARA
1
Registration
Register with CARA online portal (carings.nic.in)
2
Home Study
Social worker conducts home study and prepares report
3
Child Referral
Receive child referral based on preference
4
Acceptance
Accept the child referral
5
Legal Process
Court petition and finalization
Documents Required for Adoption
- Proof of age, identity, and residence
- Marriage certificate (for couples)
- Income proof and financial documents
- Medical fitness certificate
- Police clearance certificate
- Reference letters
- Photographs of the family
Timeframe for Adoption
Timeframes vary depending on availability of children and court procedures. The process typically takes 6-18 months from registration to finalization.
Important Note: Muslims, Christians, and Parsis cannot legally adopt under personal laws. They can only become guardians under the Guardians and Wards Act, 1890. The child does not acquire inheritance rights in the guardian's property. Consult a qualified legal professional for specific advice.