बच्चा गोद लेने की कानूनी प्रक्रिया: हिंदू दत्तक कानून और CARA
At a glance
- Law
- HAMA, 1956 · JJ Act, 2015 and Adoption Regulations, 2022
- Who
- Hindu adopters (HAMA) · persons of every religion (JJ Act)
- Where
- Sub-Registrar (HAMA deed) · District Magistrate (JJ Act)
- Time
- A few weeks (HAMA) to 2–3 years or more (CARA)
What it is
The legal process by which a child becomes the lawful child of the adoptive parents for all purposes, including inheritance. India has two routes:
- Route A: the Hindu Adoptions and Maintenance Act, 1956 (HAMA), for Hindus, Buddhists, Jains and Sikhs, usually used when a child is given by known biological parents.
- Route B: the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022, for orphan, abandoned or surrendered children, and also for adoption by relatives and step-parents. This route is open to persons of every religion.
Who can adopt and be adopted (Route A: HAMA)
- A Hindu male of sound mind who has attained majority may adopt, with the consent of his wife (Section 7). A Hindu female of sound mind who has attained majority may also adopt (Section 8).
- The child must be a Hindu, unmarried, and below 15 years of age, unless a custom applicable to the parties permits otherwise (Section 10).
- A son cannot be adopted if the adopter already has a living Hindu son, son's son or son's son's son. A daughter cannot be adopted if the adopter already has a living Hindu daughter or son's daughter (Section 11).
- Where the adopter and the child are of opposite sex, the adopter must be at least 21 years older than the child (Section 11).
Route A: adoption under HAMA
- 1
Consent to give in adoption
The biological parents, or the guardian with court permission, agree to give the child in adoption.
- 2
Giving and takingSection 11(vi)
The child is actually given by the biological parent and taken by the adoptive parent with the intent of adoption. This “giving and taking” is the essential act.
- 3
Registered adoption deedSection 16
A registered adoption deed is executed before the Sub-Registrar, signed by the giving and taking parents with witnesses. A registered adoption deed raises a presumption that the adoption was made in compliance with the Act.
- 4
Correction of records
The child's name is then corrected in the birth certificate, school records and Aadhaar on the basis of the deed.
Route B: adoption under the JJ Act and Adoption Regulations, 2022
- 1
Online registration
Prospective adoptive parents register online on the CARINGS portal of the Central Adoption Resource Authority (CARA) and upload documents.
- 2
Home Study
A Specialised Adoption Agency or the District Child Protection Unit conducts a Home Study and prepares a report.
- 3
Referral
The applicants wait in the seniority list for a child to be referred. They may reserve a referred child after reviewing the child's profile and medical report.
- 4
Pre-adoption foster care
The child is placed with the parents in pre-adoption foster care.
- 5
Adoption orderSection 61
The agency files the adoption application. Since the JJ (Amendment) Act, 2021, the adoption order is passed by the District Magistrate, not by the court.
- 6
Follow-up
Post-adoption follow-up reports are submitted for two years.
Relative and step-parent adoption under the JJ Act: registration on CARINGS is still required, but the child is already identified. The application with consent of the biological parent(s) goes to the District Magistrate after verification.
Documents required (both routes, as applicable)
Checklist · 8 items- Identity and address proof of the adoptive parents
- Marriage certificate (for a couple); divorce decree or death certificate of spouse, if applicable
- Birth certificate of the child and of the adoptive parents
- Income proof and Income Tax Returns
- Medical fitness certificate of the adoptive parents
- Recent photographs of the family
- Written consent of the biological parents (Route A, and relative adoption under Route B)
- Consent of the spouse; consent of the child if 5 years or older (Route B)
Time usually taken
A few weeks (HAMA) to two or three years or more (CARA)
Route A ordinarily takes a few weeks (two to four weeks including preparation and registration of the deed). For relative adoption under Route B, ordinarily a few months. For adoption of an unknown child through CARA, the waiting period may run to two or three years or more, depending on the age and health profile chosen.
Points to remember
- 01Under Route B, a single male may not adopt a girl child. A couple must have at least two years of stable marriage.
- 02An adoption once validly made under HAMA cannot be cancelled by the adoptive parents or by the child (Section 15).
- 03Any payment or reward for giving a child in adoption is an offence.
Frequently asked questions
Who passes the adoption order now: the court or the District Magistrate?
Under the JJ Act route, since the JJ (Amendment) Act, 2021, the adoption order is passed by the District Magistrate (Section 61), not by the court.
Can a single man adopt a girl child?
Under the JJ Act route, a single male may not adopt a girl child. Under HAMA, where the adopter and the child are of opposite sex, the adopter must be at least 21 years older than the child.
How long does adoption through CARA take?
For adoption of an unknown child through CARA, the waiting period may run to two or three years or more, depending on the age and health profile chosen. Relative adoption ordinarily takes a few months.
Can an adoption under HAMA be cancelled later?
No. An adoption once validly made under HAMA cannot be cancelled by the adoptive parents or by the child (Section 15).
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Matrimonial and Family Disputes