Legal Procedure for Adoption in India Under the JJ Act and HAMA

Adoption in India is governed by two distinct legal frameworks depending on the religion and personal law of the adoptive parents. The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), read with the Adoption Regulations, 2022 issued by the Central Adoption Resource Authority (CARA), applies to all Indian citizens regardless of religion when adopting through official channels. The Hindu Adoptions and Maintenance Act, 1956 (HAMA) applies exclusively to Hindus, Buddhists, Jains and Sikhs adopting under personal law. Understanding which route applies to your situation is the essential first step in the adoption procedure in India.

Two Legal Routes: JJ Act vs HAMA

The JJ Act route is mandatory for inter-country adoption and is the preferred route for domestic adoption through recognised child care institutions. It involves registration on the CARA portal (CARINGS), a home study report, matching with a child, and a court order from the District Court or Family Court. The process is regulated and child-centric.

HAMA, by contrast, allows a Hindu family to adopt a child directly from biological parents or a guardian through a private ceremony and a deed of adoption, without mandatory court involvement — though a court declaration is strongly advisable. Non-Hindus (Muslims, Christians, Parsis) cannot adopt under HAMA; they may apply for guardianship under the Guardians and Wards Act, 1890 instead.

Eligibility Criteria for Prospective Adoptive Parents

Under the JJ Act and Adoption Regulations, 2022, the key eligibility conditions for Prospective Adoptive Parents (PAPs) include:

• The PAP must be physically, mentally and financially stable.
• A single female can adopt a child of any gender. A single male cannot adopt a girl child.
• Couples must have been in a stable marital relationship for at least two years.
• The minimum age difference between the PAP and the child must be 25 years (for a single parent) or as prescribed by CARA for couples.
• Maximum composite age of couple: 110 years for children up to 5 years; 105 years for children aged 5–8; 100 years for children aged 8–18.
• A couple with three or more living children is generally not eligible unless adopting a special-needs child.

Under HAMA, Section 7 and Section 8, a Hindu male who is of sound mind and not a minor may adopt. A Hindu female who is unmarried, divorced or widowed may also adopt. A married male must obtain the consent of his wife (or wives). The adoptee must be Hindu, under 15 years of age (unless custom permits otherwise), and must not already be adopted.

Step 1 — Register on the CARA Portal (JJ Act Route)

The first step for the JJ Act route is to register as a Prospective Adoptive Parent on the CARINGS portal (Child Adoption Resource Information and Guidance System), which is operated by CARA under the Ministry of Women and Child Development. You will need to upload identity proof, address proof, income certificate, marriage certificate (if applicable), medical fitness certificate and photographs. Registration is free of charge.

Step 2 — Home Study Report

After registration, a Social Worker from your nearest Specialised Adoption Agency (SAA) or District Child Protection Unit (DCPU) will visit your home to prepare a Home Study Report (HSR). This report assesses your family environment, financial stability, motivation to adopt and child-rearing capacity. The HSR is valid for three years and must be approved before you are eligible for child matching. Allow approximately 30–60 days for this stage.

Step 3 — Child Matching and Acceptance

Once your HSR is approved, you are placed in a waiting queue. CARA matches you with a child based on your preference (age, gender, special needs) and seniority in the queue. You will receive a Child Study Report (CSR) and a Medical Examination Report (MER) for the child. You have 48 hours to accept or reject the referral. After two rejections, your seniority in the queue is reset. Upon acceptance, you are given time to meet the child at the SAA before signing the Acceptance Deed.

Step 4 — Filing the Adoption Petition in Court

After the Acceptance Deed is signed, the SAA or CARA files an adoption petition before the concerned District Court or Family Court under Section 61 of the JJ Act. The court examines whether the adoption is in the best interest of the child. The petition is accompanied by the HSR, CSR, MER, NOC from CARA (for inter-country adoptions), and the child's surrender/relinquishment documents. The court issues a pre-adoption foster care order so the child can live with the PAPs pending the final order.

Tip: Keep certified copies of all documents submitted to the SAA. Courts may ask for originals and copies at the hearing stage, and missing documents cause avoidable delays.

Step 5 — Court Order and Registration

The District Court or Family Court will hear the matter and, if satisfied, pass the Adoption Order under Section 61 of the JJ Act. This order is the legal instrument that makes the child the lawful child of the adoptive parents. After the order, the adoptive parents must apply to the concerned municipal authority or registrar to obtain a new birth certificate recording the adoptive parents' names. The entire court process typically takes 2–6 months depending on court workload. You can track case status through District Courts of India.

Procedure Under HAMA (Hindu Personal Law Route)

Under HAMA, the adoption is effected through a ceremony of 'giving and taking' as required by Section 11 of HAMA. The key steps are:

• Consent: The biological parents or guardian must give the child in adoption willingly. The adopting father's wife must consent under Section 7.
• Ceremony: An actual ceremony of giving and taking is mandatory under Section 11(i). Without this, the adoption is void.
• Adoption Deed: Though not compulsory under HAMA, executing a registered adoption deed is strongly recommended. It creates documentary evidence and can be registered with the Sub-Registrar under the Registration Act, 1908.
• Declaratory Suit: Filing a declaratory suit in civil court or obtaining a court declaration is advisable to conclusively prove the adoption, especially for inheritance and succession rights.

A child adoption consent affidavit from the biological parents, executed before a notary or magistrate, is also a useful supporting document in HAMA adoptions.

Tip: Even where HAMA does not mandate a court order, obtaining one protects the child's rights to inheritance, education records and government benefits, and prevents future disputes.

Inter-Country Adoption

For adoption by Non-Resident Indians (NRIs) or foreign nationals of Indian origin, the process is governed by Chapter IX of the Adoption Regulations, 2022. CARA is the Central Authority under the Hague Convention on Inter-Country Adoption (for Hague-signatory countries). All inter-country adoptions must receive a No Objection Certificate (NOC) from CARA before the court petition is filed. Applications are submitted through the CARINGS portal. The Authorised Foreign Adoption Agency (AFAA) in the receiving country coordinates with CARA.

Realistic Timelines and Costs

Domestic adoption under the JJ Act typically takes 1–3 years from registration to court order, depending on the child's age and special-needs category preferred. Special-needs and older children have shorter waiting periods. Court proceedings add 2–6 months. HAMA adoptions, being private, can be completed more quickly once both families agree, but obtaining a court declaration may add 3–12 months.

Costs under the JJ Act are regulated: SAAs may charge a facilitation fee as prescribed by CARA (currently capped and published on the CARA website). There are no fees payable to CARA directly. Court filing fees vary by state. Under HAMA, costs include deed drafting, registration charges at the Sub-Registrar's office (stamp duty varies by state) and advocate fees if a declaratory suit is filed.

Common Mistakes to Avoid

• Attempting to adopt directly from a hospital, orphanage or individual without going through CARA/SAA — this is illegal under the JJ Act and may constitute child trafficking.
• Skipping the mandatory giving-and-taking ceremony under HAMA, which renders the adoption void.
• Not registering the adoption deed or not obtaining a court order, leaving the child's legal status ambiguous for passports, school records and inheritance.
• Providing inaccurate information in the CARINGS registration, which can lead to disqualification.
• Failing to update the child's birth certificate after the adoption order, which causes difficulties with schools and government identity documents.

When to Consult an Advocate

The adoption procedure in India involves documentation, regulatory compliance and court hearings that benefit from professional legal guidance. A family law advocate can help you prepare the adoption petition, represent you in court, advise on HAMA ceremony requirements, draft the adoption deed and obtain the birth certificate amendment. You can browse advocates by city and practice area on LegalFirms.in to find a family law specialist near you. If you have a specific legal question before engaging an advocate, you can also ask a legal question on the platform or review answered questions on family law for general guidance.

For those unable to afford private legal representation, free legal aid is available through State Legal Services Authorities under the Legal Services Authorities Act, 1987. You can also read more about recent legal developments in family and personal law on the LegalFirms magazine. For additional guides on family law topics, visit the legal guides section.

This guide is general legal information, not legal advice. Laws and procedures may vary by state and change over time. Consult a qualified advocate for advice specific to your situation.

Step-by-Step Process