Adoption in India is a legal process by which an individual or a couple assumes the parenting of a child, permanently transferring all rights and responsibilities from the biological parents. The adoption process is primarily governed by two laws: the Hindu Adoption and Maintenance Act, 1956 (for Hindus) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (for other communities). Here’s an overview of the legal process for adoption in India: 1. Adoption Under the Hindu Adoption and Maintenance Act, 1956 (HAMA) This act applies to Hindus, Buddhists, Jains, and Sikhs. It lays down specific guidelines for adoption within these communities. Eligibility of Adoptive Parents: For males: A Hindu male can adopt a child if he has the consent of his wife (unless the wife is of unsound mind or has renounced the world). For females: A Hindu unmarried woman, widow, or divorcee can adopt a child independently. The adoptive parents must be of sound mind and not be minors. Eligibility of the Child: The child must be a Hindu. The child should not have been previously adopted. The child must be under the age of 15, unless there is a custom or usage that permits adoption of an older child. Conditions for Adoption: If adopting a boy, the adoptive parent should not have a living male child at the time of adoption. If adopting a girl, the adoptive parent should not have a living female child at the time of adoption. An adoption deed is generally executed and registered. 2. Adoption Under the Juvenile Justice (Care and Protection of Children) Act, 2015 This law governs the adoption of orphaned, abandoned, and surrendered children, irrespective of the adoptive parents’ religion. It aims to ensure that children are adopted in a legally compliant manner and that their welfare is prioritized. Eligibility of Adoptive Parents: Any person (Indian or foreign) can adopt under the JJ Act, regardless of religion. Single parents, married couples, and even divorced persons can adopt under this act. The adoptive parents must be physically, mentally, and financially stable and should not have a life-threatening medical condition. Eligibility of the Child: The child must be declared legally free for adoption by the Child Welfare Committee (CWC). The child may be an orphan, abandoned, or surrendered. 3. Central Adoption Resource Authority (CARA) CARA is the statutory body under the Ministry of Women and Child Development responsible for overseeing and regulating adoption in India. It monitors in-country and inter-country adoptions and ensures that all legal processes are followed. The adoption process is conducted through CARA’s online portal (CARINGS), making it transparent and streamlined. 4. Legal Process for Adoption Through CARA: Step 1: Registration Prospective adoptive parents (PAPs) must register online on the CARA website through the CARINGS portal. Necessary documents (such as age proof, income proof, and medical reports) must be uploaded. Step 2: Home Study Report (HSR) A licensed social worker or agency conducts a home study to assess the suitability of the PAPs to adopt. The HSR evaluates the family’s living conditions, motivations for adoption, and readiness to provide for a child’s needs. Once the HSR is completed and approved, PAPs can move to the next step. Step 3: Matching Process CARA provides prospective adoptive parents with the profiles of children available for adoption. PAPs can select a child based on the child’s details. After selection, PAPs are given 48 hours to reserve the child and meet the child at a Specialised Adoption Agency (SAA). Step 4: Filing the Adoption Petition Once the child is selected, the adoption agency files a petition in the competent court on behalf of the PAPs. The court issues a date for the hearing, where it assesses whether the adoption is in the child’s best interest. Step 5: Court Hearing and Legal Adoption During the hearing, the judge ensures that all procedures have been followed and the child is legally free for adoption. The court verifies documents and ensures the consent of the relevant parties (biological parents, when applicable). Once satisfied, the court issues an adoption order declaring the child the legally adopted child of the PAPs. After the adoption order, a new birth certificate is issued with the adoptive parents’ names. 5. Inter-Country Adoption: Foreign citizens or Non-Resident Indians (NRIs) who wish to adopt a child from India must follow the Hague Adoption Convention guidelines. Inter-country adoptions are strictly monitored by CARA and the Indian courts to prevent child trafficking and ensure the child’s safety. 6. Rights of the Adopted Child: The adopted child has all the rights of a biological child, including the right to inherit from the adoptive parents. Once adopted, the child’s relationship with the biological parents is severed. Important Points to Remember: The adoption process is designed to ensure that the child’s best interest is prioritized. CARA is the central authority for adoption, and it regulates both in-country and inter-country adoptions. The entire process is transparent and includes legal safeguards to ensure compliance with Indian law. Adoption is a sensitive process, and it is important to follow the legal procedures to avoid complications in the future.

Dear client, Adoption in India is done by a proper legal process and there are many steps to be fulfilled and also eligibility criteria, appropriate conditions, conditions for both parents and child which should be followed while completing the full legal framework of adoption. A child adoption is a process which not only involves legality but also moral support, love, respect, stability and emotional care. As adopted child is not biologically related to them that’s why certain things are need to be fulfilled which can be complex and time consuming but legal process is clearly mentioned when it comes to Adoption process in India. (CARA), The central adoption Resource Authority, the nodal agency under the Ministry of Child Care and Women, looks after the eligibility criteria for adopting a child in India. The conditions include, Adoption can be done by an Indian Citizen, NRI, and Foreign Citizen and three classes will have a different adoption procedure. Any person irrespective of gender or marital status is eligible to adopt a child. For couples, they must have at least completed 2 years of stable marriage and relationship, and both husband and wife should jointly consent to adoption. The age difference between the child and parents must be minimum 25 years, and adoptive parents must be between 25 and 55 years old. Parents must be in a healthy state of mind and physical health to look after the child. Single parents irrespective of the gender can also adopt a child. Parents must be financially capable and stay in a supportive environment, ensuring the safety. And for a child to be eligible for adoption the central government of India specifies that the child must be orphaned, abandoned, or surrendered, declared legally free by the child welfare committee. A couple with three or more children are not eligible to adopt a child unless the case of child with special needs. A single female may adopt a boy or girl child, whereas a single male is not allowed to adopt a girl child and they can only adopt boy child. Now coming the child adoption process: Step 1: Registration- Parents must register with an authorized agency such as RIPA (Recognised Indian Placement Agencies) or special adoption agency. Step 2: Home study and counselling for the preparation of child adoption. Step 3: Medical reports and relevant information of the child. Step 4: Acceptance of the child and signature of the parents in documents. Step 5: Adoptive parents must visit the court and all the necessary documents must be submitted to the lawyer and sign the petition in the court. Judge may ask certain questions related to adoption which parents are supposed to answer. Judge will issue a child adoption order. To conclude, adoption is a legal process in India which needs to be completed by following certain criteria and requirements. And it is to be noted that a right of an adopted child in India is same as the biological child. I hope this helps.

Dear Client, Adoption in India is governed by a structured legal process that involves several steps, each with specific eligibility criteria, conditions, and requirements for both the adoptive parents and the child. While adoption is a legal procedure, it also requires emotional support, love, respect, and stability, as the adopted child is not biologically related to the parents. Consequently, the process can be complex and time-consuming, but the legal framework for adoption in India is clearly outlined. The Central Adoption Resource Authority (CARA), an agency under the Ministry of Women and Child Development, oversees the adoption process and sets the eligibility criteria for adopting a child in India. These conditions include the following: 1. Adoption can be carried out by Indian citizens, Non-Resident Indians (NRIs), and foreign nationals, with separate procedures for each category. 2. Any individual, regardless of gender or marital status, is eligible to adopt a child. 3. For couples, they must have been in a stable marriage or relationship for at least two years, and both the husband and wife must jointly consent to the adoption. 4. There must be a minimum age difference of 25 years between the adoptive parents and the child. The adoptive parents should be between 25 and 55 years old. 5. Adoptive parents must be mentally and physically healthy to care for the child. 6. Single individuals, irrespective of gender, can also adopt a child. 7. Parents must be financially stable and provide a supportive environment to ensure the child's safety. For a child to be eligible for adoption, the Indian government specifies that the child must be orphaned, abandoned, or surrendered and must be declared legally free for adoption by the Child Welfare Committee. A couple with three or more biological children is not eligible to adopt unless the child has special needs. A single female can adopt a boy or a girl, while a single male can only adopt a boy. The adoption process consists of several steps: Step 1: Registration - Prospective parents must register with an authorized agency, such as a Recognized Indian Placement Agency (RIPA) or a Special Adoption Agency. Step 2: Home Study and counselling - A home study is conducted, along with counselling to prepare the parents for adoption. Step 3: Medical Reports - Medical reports and relevant information about the child are provided. Step 4: Acceptance and Documentation - The adoptive parents accept the child and sign the necessary adoption documents. Step 5: Court Process - The adoptive parents must visit the court, submit all required documents to their lawyer, and sign the petition in court. The judge may ask questions regarding the adoption, and the parents must respond. Once satisfied, the judge will issue an adoption order. In conclusion, adoption in India is a legal procedure that requires adherence to specific criteria and requirements. It is important to note that an adopted child in India holds the same rights as a biological child. I hope this helps.