Legal provisions for those desirous of adopting a child in India

In India, any Indian citizen can adopt a child following some lawful guidelines. Adoption may be done under three major legislations, The Hindu Adoption and Maintenance Act of 1956, The Guardians and Wards Act of 1890 and The Juvenile Justice (Care and Protection of Children) Act of 2015 (as amended by the Juvenile Justice (Amendment) Act, 2021). Indian Government has stated some specific rules, regulations and documentation to adopt a child.

The Hindu Adoption and Maintenance Act 1956 (HAMA) covers Hindu, Jain, Buddhist or Sikh religion people. Some salient points are:

• Married couples can adopt a child

• A single man or woman can also adopt

• Legally a married man can adopt only with the consent of his wife,

• Children adopted under this Act have to be of opposite sex when a biological child exists in the family

• As per the Act, the adopted child has the same right as a biological child have.

• Children adopted under this Act get the same legal rights as a biological child might;

• Children who are below 15 years of age can be adopted,

• When a single man adopting a girl child, the adopted child should have at least 21 years younger than him.

• When a single woman adopting a boy child, the adopted child should have at least 21 years younger than her.

• Adoption under this act is irrevocable.

As per The Guardians and Wards Act, 1890 (GWA) the parent adopting is treated as a ‘guardian’ and the child treated as a ‘ward’. Some relevant parts of the Act are:

• Anyone who is under the age of 18 years can be a ward;

• The guardianship can be cancelled legally by the guardian or by the courts;

• As per this Act, a will is required to transfer any assets/property to the child;

• Both the partners of the couple can legally be guardians

• Single male or female can adopt a child without any age difference restrictions.

As per the Juvenile Justice (Care and Protection of Children) Act of 2015 (JJ Act), as amended by the Juvenile Justice (Amendment) Act, 2021, an adopted or biological child both has the same rights. The main strengths of this Act are:

• A child who has been legally declared free for adoption can be adopted by any prospective adoptive parent;

• The adopted child gets the same rights as a biological child might;

• Single people can adopt;

• The religion of the parent is not relevant;

• Agency adoptions are governed by the Central Adoption Resource Authority (CARA) and the Adoption Regulations, 2022, with applications processed through the CARINGS portal;

• Following the 2021 amendment (in force from 1 September 2022), adoption orders are now issued by the District Magistrate rather than the civil court;

• Once an adoption order is made, the adoption is irrevocable.