ABSTRACT
There must be a fundamental principle that every child deserves love and care from family and parents, whether they are orphaned, abandoned or surrendered children. To ensure this, there are many regulating bodies in India, which is Juvenile Justice (Care and Protection of Children) Act, 2015, the Hindu Adoption and Maintenance Act, 1956 (HAMA), and the Central Adoption Resource Authority (CARA), which ensure laws come into existence and that there is transparency in the adoption process and children get family love and care.
Adoption means the transfer of legal rights of a child from biological parents to adoptive parents and all inheritance rights to the adoptive child. The relationship is as deep and the same as biological or blood relations. CARA is a statutory body under the Ministry of Women and Child Development that functions as the nodal body for the adoption of orphaned, abandoned, and surrendered children through its associated/recognized adoption agencies. Additionally, relative adoption, adoption by step-parents, and foster adoption are also facilitated by CARA, ensuring transparency in the adoption process for in-country or inter-country prospective adoptive parents (PAPs). These frameworks ensure that the best interests of the child remain at the center of every adoption decision.
INTRODUCTION
As we know there is increasing cases of human trafficking, child labour, child engage in prostitute works and other dangerous or immoral works. These cases are common of child who are orphaned, abandoned, or surrendered and there are no legal guardian or parents that can take care of them. So, there is a need for a regulatory body and responsible statutory that can ensure that every child can get family and parents by Adoption.
India is making Adoption process possible through a defined and structured legal process, and it ensures that there is no abuse of any child and that their legal rights are protected. The adoptive parents also get the child’s love and the legal rights that are transferred from the child’s biological parents. They are legally entitled as the parents of adopted child and nobody can change it.
The adoption process in India is quite simple, and anyone, whether a citizen or non-citizen, can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2015, along with its Adoption Regulations (2022). A Hindu family can adopt a child under the Hindu Adoption and Maintenance Act, 1956. These acts ensure that the adoption process is transparent and that every child who is orphaned, abandoned, or surrendered gets a family environment.
In India, the right to a family is guaranteed under the above acts and prioritizes family care and love over institutional care. The Government of India, through the Central Adoption Resource Authority (CARA), implements the law and keeps orphaned, abandoned, and surrendered (OAS) children legally free for adoption and matches them with parents. CARA’s Mission Vatsalya/CARINGS digital platform makes the process transparent and nationwide and makes adoption more accessible and easier. CARA ensures that every child gets overall development and love from their adoptive parents.
OBJECTIVE OF THE JUVENILE JUSTICE ACT, 2015 AND THE HINDU ADOPTION AND MAINTENANCE ACT, 1956
The main objective of the Juvenile Justice Act, 2015, as defined in Section 56, is to ensure the right to family for the orphan, abandoned, and surrendered children, relative child adoption by another relative irrespective of religion. It is not applicable to the provisions that deal with the adoption process of the Hindu Adoption and Maintenance Act, 1956, mandatory for inter-country adoption, and ensures transparency. The governing law of adoption in this Act is under Sections 56 to 64.
The Hindu Adoption and Maintenance Act, 1956, applies to Hindu child and parents, and its main objective is that to cover adoption within the family/personal legal framework, which is under Sections 5 to 16 of the Act. Both the Acts cover similar procedure.
STEP-BY-STEP ADOPTION PROCEDURE
- Registration (Section 58, JJ Act)
The adoption process starts with registration. Prospective adoptive parents (PAPs), irrespective of religion, must register with a Specialised Adoption Agency (SAA) as per the Adoption Regulations. This step officially records their intention to adopt and begins the legal process. - Eligibility of Adoptive Parents (Section 57, JJ Act & Sections 7–8, HAMA)
The prospective adoptive parents shall be physically fit, financially sound, mentally alert, and motivated to adopt a child. Couple should take consent of spouse. A single or divorced person can also adopt if they fulfil the adoption regulation criteria, but a single male is not eligible to adopt a girl child.
Under the Hindu Adoption and Maintenance Act, 1956, Section 7 defines the capacity of a male Hindu to take in adoption. He must be of sound mind, major; if he has wife, then consent is necessary unless she is dead, ceased to be a Hindu, or incompetent, and in case of more than one wife, all wives’ consent is necessary.
Section 8 defines the capacity of a female Hindu to adopt a child, similar to the male Hindu parent.
- Home Study Report (HSR) (Section 58(2), JJ Act)
The Specialised Adoption Agency conducts a Home Study Report (HSR) through a social worker. This includes a detailed assessment of the parents’ home environment, financial condition, health, lifestyle, and emotional readiness to raise a child. The purpose is to ensure that the child will be placed in a safe and caring family. - Eligibility of Child (Section 56, JJ Act & Section 10, HAMA)
Under the Juvenile Justice Act, 2015, child must be orphan, abandoned, surrendered, or legally declared free for adoption. The main focus is on the best interest of the child and to reduce illegal payment or inducement.
Under the Hindu Adoption and Maintenance Act, 1956 (Section 10), child must be Hindu, unmarried, below 15 years (unless custom allows otherwise), and not adopted by others.
Under Section 11, person cannot adopt a child of same gender if already having one and must have at least 21 years difference between adoptive parent and child of opposite gender.
- Child Study Report & Medical Examination (Section 58(2), JJ Act)
Once the parents are found eligible, the agency matches a child with them and then provides the following documents:
Child Study Report (CSR) – gives details about the child’s background, development, and social history.
Medical Examination Report (MER) – provides complete information about the child’s health condition.
These reports help the parents make an informed decision about adopting the child. - Acceptance of the Child (Section 58(3), JJ Act)
If the parents are satisfied with the Child Study Report and Medical Report, they formally accept the child by signing these documents. This shows their consent and readiness to proceed with the adoption. - Pre-Adoption Foster Care (PAFC) (Section 58(3), JJ Act)
After acceptance, the child is placed in pre-adoption foster care with the adoptive parents. This allows bonding between the child and parents before the final legal order is passed. - Adoption Fees and Charges (As per Adoption Regulations)
For Resident Indians / OCI / Foreigners living in India:
₹6,000 during Home Study Report preparation, ₹50,000 at the time of child placement, ₹10,000 extra for each additional child, ₹2,000 per follow-up visit (total ₹8,000 for four visits).
For inter-country adoption:
HSR fees depend on the receiving country’s norms, ₹50,000 for normal child during PAFC, $5,000 for adopting a special needs child, and follow-up charges depend on foreign agency norms.
These fees are regulated to prevent exploitation and ensure transparency.
- Legal Requirements under HAMA (Sections 9 & 11)
For adoption under HAMA, the person giving the child must be legally capable (Section 9). There must be an actual giving and taking ceremony, which is essential for a valid adoption. Additional conditions such as age difference (minimum 21 years between opposite genders) and restrictions on adopting a child of the same gender must also be followed (Section 11). - Filing of Application (Section 58(3), JJ Act)
After pre-adoption foster care, the Specialised Adoption Agency files an application before the District Magistrate for obtaining the adoption order. - Adoption Order (Section 61, JJ Act)
The District Magistrate examines the case and ensures that:
The adoption is in the best interest of the child, no illegal payment or inducement is involved,the child’s wishes are considered and the case must be decided within two months. Once approved, the adoption becomes legally valid. - Documentation (Section 62, JJ Act)
The adoptive parents must submit important documents such as identity proof, address proof, income proof, marriage certificate, medical certificate, and photographs. These documents help verify their suitability and authenticity. - Effect of Adoption (Section 63, JJ Act & Section 12, HAMA)
After the adoption order is passed, the child becomes the legal child of the adoptive parents, with all rights including inheritance. All legal ties with the biological family are permanently severed. - Finality of Adoption (Section 15, HAMA)
Adoption, once completed, is final and cannot be cancelled. This ensures stability and security for the child.
JUDICIAL DEVELOPMENTS AND CASE LAW ANALYSIS
- In Laxmi Kant Pandey v. Union of India (1984), the Supreme Court established safeguards against child trafficking in inter-country adoption, emphasising transparency and state supervision.
- In Shabnam Hashmi v. Union of India (2014), the Court recognised the right to adopt as part of personal liberty under Article 21, thereby strengthening the secular framework under the JJ Act.
- In Gaurav Jain v. Union of India, the Court highlighted the importance of rehabilitation and integration of children into society, reinforcing the welfare approach.
- These decisions collectively demonstrate that judicial intervention has transformed adoption from a private act into a regulated welfare mechanism.
PRACTICAL CHALLENGES IN ADOPTION
- Procedural Delays – The adoption process takes a long time due to complex legal and verification procedures, so a fast-track system is needed.
- Low Adoption Rates – Fewer children are adopted compared to those in need, which can be improved through awareness campaigns.
- Social Stigma – Negative societal attitudes towards adoption discourage families, requiring better social acceptance.
- Lack of Awareness – Many people are unaware of the legal adoption process, highlighting the need for public education.
- Illegal Adoptions – Unregulated and informal adoptions still occur, making strict regulation and monitoring necessary.
CONCLUSION
Despite all challenges and criticisms, the legal framework of India provides a careful and balanced procedure for adoption in India and ensure that every child will get a family’s love and care. Through the Central Adoption Resource Authority and legal provisions under the Juvenile Justice Act, 2015, and Adoption Regulations, 2022, the Government has been regularly making aware people about the parenthood and child’s love through adoption who lacks it despite its citizenship and established a transparent, accountable system that safeguards the child protection.
Through continued awareness efforts, India is building an ecosystem where adoption is not just a process but a celebration of new beginnings, where every child matters, every family is strengthened, and every future is secured.
References
- The Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 56–64.
- The Hindu Adoption and Maintenance Act, 1956, Sections 5–16.
- Adoption Regulations, 2022, issued by the Central Adoption Resource Authority (CARA).
- Central Adoption Resource Authority (CARA), Ministry of Women and Child Development, Government of India.
- Laxmi Kant Pandey v. Union of India, (1984) (2) SCC 244.
- Shabnam Hashmi v. Union of India, AIR 2014 SC (CIVIL) 969
- Gaurav Jain v. Union of India, (1997) 8 SCC 114.
- Constitution of India, Article 21 (Right to Life and Personal Liberty).
- Government of India, Mission Vatsalya/CARINGS Portal Guidelines.
Author: Chanchal Sharma
Law student, legal researcher, legal writer