Adoption process in India: which route applies and how it works

Which route applies to you?

In the HAMA route, section 16 gives a registered adoption deed a legal presumption of validity. Sections 7 to 11 set conditions. For example, a spouse must consent, and a man adopting a girl, or a woman adopting a boy, must generally be at least 21 years older than the child.

Who can adopt under the CARA route?

The rules call for adoptive parents to be stable in health and finances. A couple generally needs at least two years of stable marriage, and both spouses must consent. Age limits depend on the child's age. A single woman can generally adopt a child of either gender, while a single man is reported to be limited to a boy. Confirm the current limits on the CARA website before you apply, as they have changed over time.

The 2021 amendment moved adoption orders under the JJ Act from courts to the District Magistrate. The Adoption Regulations 2022 came into force on 23 September 2022. Pending or older orders may raise separate questions, so ask us about them.

Can you adopt a relative's child?

Yes. The JJ Act and Regulations provide a separate process for relatives and for step-parents. A Hindu family can use the HAMA route. If the child is going abroad, check the immigration rules of that country before choosing, as it may recognise only certain orders or expect a CARA no-objection process.

How do NRIs and foreign citizens adopt from India?

Section 59 of the JJ Act and the Regulations govern inter-country adoption. An NRI, OCI or foreign parent generally applies through the authorised agency or central authority in their country of residence. After the order, CARA issues the necessary no-objection and conformity papers. Taking a child abroad without following these rules can create serious legal problems at the destination.

We work with NRI families through our NRI legal services, and we explain succession effects in estate and succession planning.

Documents to bring

• Identity and address proof of the prospective parents.
• Marriage certificate, where the parents are married.
• Income proof and medical fitness certificates.
• Recent photographs.
• For relative adoption: consent of the birth parents and proof of the relationship.

Registration with CARA lists the exact documents for your case; we check them against the current rules before you file.

What decides the fee

• Agreed terms or a contested case.
• Interim applications along the way.
• How many hearings the case takes.
• A party abroad: service outside India, video hearings, a power of attorney.
• Court fees and stamp paper, paid at actuals.

We quote in writing once we have seen the papers. Call +91 8291849797 or book a consultation.

What should you avoid?

• Paying money or taking a child from a hospital, broker or stranger
• Relying on an unregistered paper or an affidavit alone
• Putting your name on a birth certificate as if you were the birth parent
• Assuming a guardianship order equals adoption. Guardianship does not give the same status or inheritance rights

The JJ Act makes illegal adoption and child trafficking serious offences. If you have already taken a child in informally, get advice now, as there may be a lawful way forward. Contact us on +91 8291849797 or +91 9167710454.

This page is general information, not legal advice. If you or a child are in immediate danger, call 112 first. Every family's facts differ, and the law can change, so we check the current position on your matter.