Adoption law in India runs on two parallel tracks: the Hindu Adoptions and Maintenance Act, 1956 (HAMA) for Hindus, Buddhists, Jains and Sikhs, and the Juvenile Justice (Care and Protection of Children) Act, 2015 (the JJ Act), which is secular and open to people of any religion. A HAMA adoption is a private arrangement completed by a registered deed, while a JJ Act adoption is processed online through CARA (the Central Adoption Resource Authority) and finalised by a court order. Which route applies to you depends on your religion and on whether the child is a known relative's child or a child declared legally free for adoption.
This guide explains both frameworks, the CARA process step by step, who is eligible to adopt, and the practical points families most often ask about. Adoption law in India is a high-stakes, document-heavy area, so treat this as an educational starting point and confirm current procedure with an advocate and the CARA portal before acting.
The two routes: HAMA 1956 vs the JJ Act 2015
India does not have a single uniform adoption code. The route you use is decided mainly by religion and circumstances.
- HAMA (Hindu Adoptions and Maintenance Act, 1956) applies if both the person giving and the person taking the child in adoption are Hindu, Buddhist, Jain or Sikh. A valid HAMA adoption (Sections 5 to 11) transfers the child completely into the adoptive family, and the adoption is usually documented by a registered adoption deed. It is a private act and does not require a court order, though courts and authorities increasingly expect registration and supporting evidence.
- The JJ Act, 2015 is religion-neutral. It is the route for Muslims, Christians, Parsis, Jews, and for anyone adopting a child who has been declared "legally free for adoption", as well as for inter-country and certain relative and step-parent adoptions. It works through CARA and ends with a court order under Section 56 onwards of the Act.
Before the JJ Act, non-Hindus could generally only become guardians under the Guardians and Wards Act, 1890, not full legal parents. The JJ Act changed that by giving everyone a statutory path to complete adoption.
HAMA and the JJ Act compared
| Feature | HAMA, 1956 | JJ Act, 2015 |
|---|---|---|
| Who can use it | Hindus, Buddhists, Jains, Sikhs | Any religion (secular) |
| Type of child | Usually a known child / relative's child | Child declared legally free for adoption, relative, step-child, orphan, surrendered, abandoned |
| Process | Private adoption deed (registration advised) | Online via CARA + court order |
| Court order required | Not strictly required by the Act | Yes (Section 61, district court / authorised officer) |
| Governing body | None central; deed-based | CARA + State Adoption Resource Agencies (SARA) |
| Effect | Full transfer into adoptive family | Full transfer into adoptive family |
Caution: a HAMA deed completed without proper consent or eligibility can be challenged years later, especially on succession. Many families now prefer the JJ/CARA route even where HAMA is technically available, because the order gives a clearer, court-backed record.
What is CARA and what is the CARA process?
CARA, the Central Adoption Resource Authority, is the statutory body under the Ministry of Women and Child Development that regulates and monitors adoptions under the JJ Act. It functions as the nodal body for both in-country and inter-country adoption and runs the online portal CARINGS (carings.wcd.gov.in), through which all JJ Act adoptions of children who are legally free for adoption must pass.
The CARA process for adopting a non-relative child who is legally free for adoption broadly follows these stages. Timelines move with the child's availability and a family's referral, so they are indicative, not guaranteed.
- Register as a Prospective Adoptive Parent (PAP) on the CARINGS portal and upload the required documents.
- Home Study Report (HSR): a Specialised Adoption Agency (SAA) conducts a home study, valid for a set period.
- Seniority and referral: PAPs are arranged by seniority; the system refers profiles of children matching the parents' preferences.
- Reserve and accept a child: the family reserves a referred child and, after meeting and matching, accepts.
- Pre-adoption foster care: the child may be placed with the family while paperwork is completed.
- Court petition: the SAA files the adoption petition in the competent court.
- Adoption order: the court passes the adoption order; CARA issues the conformity / no-objection where applicable.
- Follow-up: post-adoption follow-up reports are submitted for the prescribed period.
The JJ Act was amended by the Juvenile Justice (Amendment) Act, 2021, which (among other changes) shifted the power to issue adoption orders in many cases from courts to the District Magistrate, to speed up disposal. Because the procedural rules (the Adoption Regulations) are revised periodically, confirm the current step sequence and authority on the CARA portal before you rely on any timeline here.
Who is eligible to adopt? (eligibility)
Eligibility differs by route. Under HAMA, the core conditions (Sections 6 to 11) include that the adoptive parent is of sound mind, a major, and consents; a married Hindu must generally have the spouse's consent; and there are rules on age difference where a man adopts a daughter or a woman adopts a son (an age gap of at least 21 years). A person cannot adopt a second child of the same gender if they already have a living son or daughter of that gender, under the traditional HAMA scheme.
Under the JJ Act / CARA Adoption Regulations, the headline eligibility criteria for prospective adoptive parents are summarised below. These figures come from the CARA Adoption Regulations and are revised from time to time.
| Eligibility point | Typical requirement (verify current CARA Regulations) |
|---|---|
| Marital status | Single or married; a single man cannot adopt a girl child |
| Health | Physically fit, financially and mentally stable; not life-threateningly ill |
| Consent of spouse | Both spouses must consent for a married couple |
| Marriage stability | Couple should have a minimum number of years of stable marriage |
| Age difference | Minimum age gap between child and parent (commonly 25 years) |
| Composite age cap | Combined / individual age limits scale with the age of the child adopted |
| Existing children | Couples with three or more children are usually considered only for special-needs / hard-to-place children |
Because these thresholds (especially the age slabs and the number-of-children rule) are exactly the points that change between amendments, an advocate should confirm the live numbers against the current Regulations before you file.
Can NRIs and foreigners adopt from India?
Yes. The JJ Act and CARA expressly cover Non-Resident Indians (NRIs), Overseas Citizens of India (OCI) and foreign prospective parents through inter-country adoption, processed via CARINGS and, for foreign applicants, an Authorised Foreign Adoption Agency (AFAA) in their country. NRIs are generally treated on par with resident Indians in seniority for Indian children, subject to the Regulations.
What does adoption do legally?
Once a valid adoption is complete under either route, the child is treated for almost all purposes as the natural-born child of the adoptive parents. The child gains inheritance and succession rights in the adoptive family and, as a rule, loses them in the biological family (subject to vested rights). The adoptive relationship cannot ordinarily be undone. This permanence is why courts and authorities insist on proper consent, eligibility and documentation at the front end.
Adoption and matrimonial proceedings
Adoption questions often surface during or after a marriage breakdown — for example, whether a step-parent can adopt, or what happens to an adopted child's custody on divorce. An adopted child stands on the same footing as a biological child for custody, maintenance and guardianship purposes, and the child's welfare remains the paramount consideration. If a relationship is unmarried, the legal position differs again; our explainer on live-in relationship rights in India covers that ground.
For full-service help with divorce, custody, maintenance and related family matters, see our family and divorce law practice.
Common mistakes families make
- Assuming a verbal or unregistered HAMA arrangement is "good enough" — it can be challenged, especially on inheritance.
- Going through agents or institutions that are not recognised SAAs, which can make the adoption illegal and the child vulnerable.
- Treating CARA timelines as fixed; they depend on seniority and child availability.
- Overlooking the post-adoption follow-up reporting obligation.
- Not checking the current age and eligibility slabs, which change between amendments.
Frequently Asked Questions
What is the difference between HAMA and the JJ Act for adoption?
HAMA, 1956 applies only to Hindus, Buddhists, Jains and Sikhs and works through a private (usually registered) adoption deed without a mandatory court order. The JJ Act, 2015 is secular, open to all religions, runs through CARA, and ends with a court or District Magistrate order. Both result in full legal parenthood.
Can non-Hindus adopt a child in India?
Yes. Muslims, Christians, Parsis, Jews and people of any faith can adopt under the JJ Act, 2015 through the CARA process. Before the JJ Act, non-Hindus could usually only obtain guardianship under the Guardians and Wards Act, 1890.
What is the CARA process, in short?
Register as a prospective adoptive parent on the CARINGS portal, complete a home study, wait for a referral based on seniority, reserve and accept a matched child, complete pre-adoption foster care, then have the agency file the court petition leading to the adoption order, followed by post-adoption follow-up.
Who is eligible to adopt under CARA?
Broadly, physically and financially stable single people or married couples, with spousal consent for couples, a stable marriage, a minimum age gap from the child, and age slabs that vary with the child's age. A single man cannot adopt a girl child. Confirm the current numbers against the live CARA Regulations.
Can NRIs and foreigners adopt children from India?
Yes, through inter-country adoption under the JJ Act and CARA, via the CARINGS portal and, for foreign applicants, an Authorised Foreign Adoption Agency. NRIs are generally treated on par with resident Indians for Indian children, subject to the Regulations.
Is a court order required for adoption?
Under the JJ Act, yes — the adoption is finalised by an order of the competent court or, after the 2021 amendment, the District Magistrate. A HAMA adoption does not strictly require a court order, but registration of the adoption deed is strongly advisable.
Can an adopted child inherit property?
Yes. A validly adopted child is generally treated as a natural-born child of the adoptive parents and acquires inheritance rights in the adoptive family, while losing them in the biological family, subject to any rights that had already vested.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
