Child adoption in India — CARA / CARINGS process, Juvenile Justice Act 2015, Hindu Adoptions and Maintenance Act 1956, eligibility & age rules, DM adoption order, relative & step-parent adoption (2026)
Plain map for couples and single parents who want to adopt legally in India: the two legal routes (the Juvenile Justice Act, 2015 with the Adoption Regulations, 2022 through CARA’s CARINGS portal, and the Hindu Adoptions and Maintenance Act, 1956 for Hindu adoptions by deed), who is eligible, age limits, the step-by-step CARA process ending in an adoption order by the District Magistrate, relative and step-parent adoption, and why ‘taking a baby’ informally is a crime. Educational only — not legal advice; Adhiwakta does not arrange adoptions or contact agencies.
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Two legal routes
(1) The Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021) and the Adoption Regulations, 2022 framed by the Central Adoption Resource Authority (CARA). This covers orphan, abandoned and surrendered children placed through Specialised Adoption Agencies, and also adoption by relatives and step-parents. It is open to people of every religion — the Supreme Court in Shabnam Hashmi v. Union of India (2014) recognised it as an enabling law anyone may use. (2) The Hindu Adoptions and Maintenance Act, 1956 (HAMA), which applies to Hindus, Buddhists, Jains and Sikhs adopting a Hindu child given in adoption by the child’s parent or guardian. The JJ Act says it does not apply to adoptions made under HAMA. Personal laws of Muslims, Christians, Parsis and Jews do not provide for adoption as such; they can adopt under the JJ Act or become guardians under the Guardians and Wards Act, 1890.
Never adopt informally — it is a crime
Giving or receiving an orphan, abandoned or surrendered child for adoption without following the JJ Act is punishable under Section 80 with imprisonment up to three years, or fine of one lakh rupees, or both. Selling or buying a child for any purpose is punishable under Section 81 with rigorous imprisonment up to five years and fine of one lakh rupees — and three to seven years where the offender had charge of the child, including hospital or nursing-home staff. Do not accept a baby from a hospital, ‘agent’, priest or acquaintance. If you find an abandoned child, inform Childline 1098, the police or the Child Welfare Committee.
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Write in Hindi or English · general guidance, not legal advice
Who can adopt through CARA
Under Section 57 of the JJ Act and Regulation 5 of the Adoption Regulations, 2022, prospective adoptive parents must be physically, mentally, emotionally and financially capable, without a life-threatening medical condition, and must not have been convicted of a criminal act or accused in a child-rights case. Marital status and having biological children do not bar adoption. A married couple needs the consent of both spouses and at least two years of stable marriage (not required for relative or step-parent adoption). A single woman can adopt a child of any gender; a single man cannot adopt a girl child. Couples with two or more children are considered only for special-needs or hard-to-place children, unless they are relatives or step-children.
Age limits (Regulation 5)
Age on the date of registration decides eligibility. For a child up to 2 years: maximum composite age of a couple 85, single parent 40. Above 2 and up to 4 years: 90 / 45. Above 4 and up to 8 years: 100 / 50. Above 8 and up to 18 years: 110 / 55. The minimum age difference between the child and either adoptive parent is 25 years. These age criteria do not apply to relative or step-parent adoption.
The CARA process, step by step
Register on the CARINGS portal (carings.wcd.gov.in) and upload the required documents. A Specialised Adoption Agency or the District Child Protection Unit prepares a Home Study Report (it must be revalidated after three years). Child profiles are referred according to seniority and your preferences; you review and reserve a referral within the time allowed and meet the child. After matching, the child may go into pre-adoption foster care. The agency files the adoption application with the District Magistrate through the District Child Protection Unit within ten days of matching; the DM holds the proceeding in camera and must decide within two months of filing (Section 61). Post-adoption follow-up visits and reports follow. Waiting time depends on the age and profile of child you choose — no one can guarantee a timeline, and only fees prescribed under the regulations are payable to the agency.
Relative and step-parent adoption
A relative (as defined in the JJ Act) or a step-parent can adopt under the JJ Act by registering on CARINGS in that category. The consent of the biological parent(s) or legal guardian is recorded, and the adoption order is again issued by the District Magistrate. The age criteria and the two-year marriage rule do not apply. Inter-country relative adoption needs CARA’s No Objection Certificate.
Adoption under HAMA (Hindu adoption by deed)
A Hindu man or woman of sound mind who is not a minor can adopt; a married person needs the consent of the living spouse unless the spouse has finally renounced the world, ceased to be Hindu or been declared of unsound mind by a court (Sections 7 and 8). Only the father, mother or a guardian with the court’s permission can give a child in adoption (Section 9). The child must be Hindu, not already adopted, unmarried and under 15 unless a custom allows otherwise (Section 10). Under Section 11 the adopter must not have a living Hindu son (or son’s son) when adopting a son, or a living Hindu daughter (or son’s daughter) when adopting a daughter; where adopter and child are of opposite gender, the adopter must be at least 21 years older; and there must be actual giving and taking of the child. Registration of an adoption deed is not compulsory, but under Section 16 a registered deed signed by the giver and taker raises a presumption that the adoption is valid unless disproved. A valid adoption cannot be cancelled (Section 15).
After the adoption
An adopted child becomes the child of the adoptive parents for all purposes, including inheritance (JJ Act definition of adoption; HAMA Section 12). Use the adoption order or registered deed to get the birth certificate issued with the adoptive parents’ names, and then Aadhaar, passport and school records. Employees adopting a child below three months may be entitled to adoption-related maternity benefit under the Code on Social Security, 2020.
Appeals, complaints and the Maharashtra note
A person aggrieved by an adoption order of the District Magistrate may appeal to the Divisional Commissioner within 30 days; the appeal is to be decided, as far as possible, within four weeks (Section 101(6), JJ Act). Grievances about agencies or the process can be raised on the CARINGS portal or the CARA helpline 1800-11-1311. CARA has noted that in Maharashtra, because of pending litigation, courts were asked to continue issuing adoption orders as an interim measure — check the current position locally.
Papers to gather
Photographs; PAN card; birth certificates or age proof; address proof; marriage certificate (for couples) or divorce / death certificate of spouse (if applicable); proof of income (salary slips or income-tax returns); medical fitness certificates; reference letters as asked on CARINGS; and, for relative or step-parent adoption, the consent documents and proof of relationship. For HAMA adoption — the deed, witnesses, and ID and age proof of giver, taker and child.
What this guide is not
It is not advice on your eligibility, not a prediction of waiting time, and not a substitute for the current Adoption Regulations and CARA notices, which are updated from time to time. Surrogacy and guardianship are separate legal processes.
How Adhiwakta can help
We do not arrange adoptions, contact agencies or authorities, or draft adoption deeds on your behalf. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- How can I legally adopt a child in India?
- Either through CARA’s CARINGS portal under the Juvenile Justice Act, 2015 and Adoption Regulations, 2022 (registration, home study, referral, matching, foster care and an adoption order by the District Magistrate), or — for Hindus adopting a Hindu child from the child’s parents — under the Hindu Adoptions and Maintenance Act, 1956, preferably with a registered adoption deed.
- Can a single man or single woman adopt?
- Yes. A single woman can adopt a child of any gender. A single man cannot adopt a girl child under the JJ Act and Adoption Regulations. Age limits apply, and the minimum age gap with the child is 25 years.
- Who issues the adoption order now — court or District Magistrate?
- Since the 2021 amendment to the JJ Act, adoption orders are issued by the District Magistrate, who must decide within two months of the application. An appeal lies to the Divisional Commissioner within 30 days.
- Can Muslims or Christians adopt in India?
- Yes, under the Juvenile Justice Act, 2015, which applies regardless of religion (Shabnam Hashmi v. Union of India, 2014). Their personal laws otherwise allow guardianship under the Guardians and Wards Act, 1890.
- Does Adhiwakta arrange adoptions?
- No. We do not arrange adoptions or contact agencies. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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