Adoption Law in India: CARA, HAMA, the JJ Act, and How the Process Works

Adoption in India is governed by different laws depending on the religion of the adoptive parents. CARA, the Hindu Adoptions and Maintenance Act, and the Juvenile Justice Act each play distinct roles. Here is a clear guide to the legal process.

22 June 2026

By Law Saral Editorial Team — Legal Research & Content Review

Reviewed by Adv. Harvijaysinh H. Gohil, Advocate — Bar Council of Gujarat · G/954/1994

Overview of Adoption Law in India

Adoption in India is a legally complex area governed by multiple statutes, depending on the religion of the adoptive parents and the nature of the adoption. There is no single universal adoption law for all citizens.

The three primary frameworks are: Hindu Adoptions and Maintenance Act, 1956 (HAMA) — for Hindus, Buddhists, Jains, and Sikhs Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) — a secular framework available to all citizens (mandatory for inter-country adoption) Central Adoption Resource Authority (CARA) — the statutory body that regulates and governs adoption in India

Central Adoption Resource Authority (CARA)

CARA is a statutory body under the Ministry of Women and Child Development. It functions as the nodal authority for adoption in India and for implementation of the Hague Convention on Intercountry Adoption (to which India is a signatory).

Key functions: Maintains the national database of children legally free for adoption and of prospective adoptive parents (PAPs) Accredits Specialised Adoption Agencies (SAAs) — child care institutions registered to facilitate adoptions Oversees the CARA portal (cara.wcd.nic.in) through which all domestic adoptions are processed Authorises inter-country adoptions

Adoption Under the Hindu Adoptions and Maintenance Act, 1956

HAMA governs adoption by Hindus (including Buddhists, Jains, and Sikhs). Under this framework:

Who Can Adopt? A male Hindu can adopt if he has a wife's consent (if married); a female Hindu can adopt only if she is widowed, divorced, or unmarried (a married woman cannot independently adopt under HAMA — the adoption is deemed to be by the husband) The adoptive parent must be of sound mind, not a minor

Who Can Be Adopted? The child must be a Hindu Must be under 15 years (unless there is a custom in the community permitting older adoptions) Must not already have been adopted If a son is being adopted, the adoptive father must not already have a Hindu son or grandson; similarly for daughters

Formalities Under Section 11, no adoption is valid unless made with valid consent of the biological parent(s) and the child is given in adoption by the appropriate person The adoption must be completed with a formal giving and taking ceremony — a physical act of transfer A registered adoption deed is strongly recommended (though not mandatory under HAMA itself — registration significantly strengthens evidentiary value and is advisable in all cases)

Limitation of HAMA: HAMA adoptions are generally not CARA-compliant. They do not go through the CARA portal or involve SAAs. The Supreme Court and various High Courts have held that CARA/JJ Act process is mandatory for children who are legally free for adoption through official channels.

Adoption Under the Juvenile Justice Act, 2015 (Secular Adoption)

The JJ Act provides a secular, universal framework for adoption available to citizens of all religions. Sections 56–73 and the Adoption Regulations, 2022 govern this process.

Who Can Adopt (Eligible PAPs)? Any Indian citizen — regardless of religion, marital status, or gender (subject to conditions) Married couples: At least 2 years of stable marital relationship; combined age not exceeding 110 years; age difference between the older parent and the child not more than 45 years (relaxable in specific cases) Single female: May adopt a child of either gender Single male: May only adopt a male child Minimum age of PAP: 25 years

Eligibility of Children for Adoption Children must be declared Legally Free for Adoption (LFA) by the Child Welfare Committee (CWC) — after efforts to restore them with biological parents or extended family have been exhausted. Categories include orphans, abandoned children, and surrendered children (surrendered by parents).

The CARA Adoption Process — Step by Step

Step 1: Registration on CARA Portal PAPs register on the CARA portal with documents (identity, address, income, marriage certificate, medical reports, home study report).

Step 2: Home Study Report The SAA assigned to the PAPs conducts a Home Study Report (HSR) — an assessment of the family's suitability. This typically takes 1–3 months.

Step 3: Referral Once registered and approved, PAPs are placed in a queue. When a child matching their profile (age range, gender, health conditions accepted) becomes available, they receive a Child Study Report (CSR) and medical reports. They have 15 days to accept or decline (one declination is permitted).

Step 4: Pre-Adoption Foster Care After acceptance, the child is placed in pre-adoption foster care with the PAPs while legal proceedings are pending. This phase builds attachment and allows the family to function as a unit before formal adoption.

Step 5: Court Order The PAPs file a petition in the Children's Court (or District Court) within 30 days of the child's placement. The court passes an adoption order after verifying CARA compliance. The adoption is final upon the court's order.

Step 6: Post-Adoption Follow-Up The SAA conducts follow-up visits and submits reports to CARA for 2 years after adoption.

Inter-Country Adoption

Indian children can be adopted by Indian citizens living abroad (Non-Resident Indians) and by foreign nationals. Inter-country adoption must mandatorily go through CARA and comply with the Hague Convention requirements. The process involves both Indian and the receiving country's authorities, and is significantly longer (often 3–5+ years) than domestic adoption.

Religious Minorities and Adoption

Muslims, Christians, Parsis, and Jews do not have a personal law for adoption in India — their personal laws (Islamic law, Indian Christian Marriage Act, etc.) do not recognise adoption as a legal institution. For these communities, the only legal route for adoption is through the JJ Act and CARA.

The alternative — guardianship under the Guardians and Wards Act, 1890 — creates a guardian-ward relationship but not full legal parenthood.

Practical Points

Start early — the CARA queue for healthy infants can be long (sometimes 2–4 years); special needs children are typically placed faster Work with an accredited SAA — only CARA-accredited agencies can facilitate JJ Act adoptions Get the adoption order registered — register the court order with the local civil authority and update all records (birth certificate, school, insurance) HAMA vs JJ Act — if you are Hindu and wish to adopt privately (not through CARA), consult an advocate on the risks — HAMA adoptions without CWC involvement may face legal challenges Post-adoption support — CARA's Adoption Resource and Information Guidance System (ARIGS) provides counselling and support to adoptive families

Conclusion

Adoption in India, while legally nuanced, is a clearly structured process when navigated correctly. The JJ Act / CARA route provides a legally robust, child-centric adoption mechanism available to all citizens. Understanding which framework applies to your situation — and working with the appropriate authorities — is the foundation of a successful adoption.

*This article provides general educational information about adoption law in India. It does not constitute legal advice. Adoption proceedings are complex and fact-specific. Always consult a qualified advocate and work with a CARA-accredited adoption agency. Law Saral is an AI-powered technology platform — not a law firm or legal advisor.*