ADOPTION

Understanding Adoption Laws in India

For Hindus, adoption is governed by the Hindu Adoptions and Maintenance Act 1956 (HAMA), which permits private adoption with a valid deed of adoption. For all other communities and for inter-country adoption, the Juvenile Justice (Care and Protection of Children) Act 2015 and the Adoption Regulations 2022 (CARA) apply. Every adoption must satisfy a court and be registered with CARA’s online portal.
At Bhardwaj Law Solutions, we guide prospective parents through the legal formalities of adoption — from CARA registration and home study to the Adoption Order from the District Court — ensuring your family’s new chapter begins on the most secure legal foundation.
Key aspects include:
  • HAMA Adoption — private adoption by Hindus with deed and ceremony
  • CARA / JJ Act Adoption — court-supervised for all other communities
  • Inter-Country Adoption — CARA channel with No-Objection Certificate
TYPES OF ADOPTION

HAMA Adoption vs JJ Act Adoption

HAMA Adoption

Under the Hindu Adoptions and Maintenance Act 1956, a Hindu male or female can adopt a child by completing the giving-and-taking ceremony (datta homam) with the consent of the biological parent or guardian. The adoption deed must be executed on stamp paper and registered before the Sub-Registrar.

Key Features:

  • Applicable only to Hindus, Sikhs, Jains, and Buddhists
  • Adopter must be of sound mind and at least 21 years older than the adoptee
  • Spouse’s written consent is mandatory for married adopters
  • Registered adoption deed confers full legal status on the child
Applicable When: Both the adoptive parents and the biological parent(s) are Hindu (broadly defined) and wish to complete a private, ceremony-based adoption with full legal documentation.

JJ Act / CARA Adoption

Under the Juvenile Justice Act 2015 and Adoption Regulations 2022, non-Hindu prospective parents (or Hindus who prefer the CARA route) register on the CARA portal, undergo home study by a Specialised Adoption Agency (SAA), are matched with a child, and receive a court Adoption Order from the District Court.

Key Features:

  • Open to all communities regardless of religion
  • CARA portal registration and home study report mandatory
  • Court issues Adoption Order making the child a legal heir
  • Mandatory for inter-country adoptions involving Indian children
Applicable When: The prospective parents are non-Hindu, prefer the CARA-regulated route for transparency, or are seeking inter-country adoption of an Indian child.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

For HAMA Adoption

  • Step 1 — Consultation and verification of eligibility under HAMA
  • Step 2 — Drafting of adoption deed and consent documents
  • Step 3 — Performing the giving-and-taking ceremony with witnesses
  • Step 4 — Registration of adoption deed before Sub-Registrar
  • Final Outcome — Child acquires legal status as adoptive heir

For JJ Act / CARA Adoption

  • Step 1 — Registration on CARA portal and document submission
  • Step 2 — Home study by Specialised Adoption Agency
  • Step 3 — Child matching and pre-adoption foster care
  • Step 4 — Filing petition before District Court for Adoption Order
  • Final Outcome — Court issues Adoption Order; child’s birth certificate updated
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DOCUMENTS

Required Documents

Adoption requires careful document preparation at each stage. Our team coordinates with CARA, the SAA, and the court to ensure nothing is missed.
  • Birth certificates of both prospective parents
  • Marriage certificate (if married) or proof of civil union
  • PAN card, Aadhaar, and passport of prospective parents
  • Medical fitness certificate from a registered doctor
  • Income proof: salary slips, ITR, bank statements (12 months)
  • Proof of residence and home ownership / rental agreement
  • Two character references from non-family members
  • Police clearance certificate (mandatory for CARA route)
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