Adoption Law in India

A person who is physically, mentally, emotionally and financially capable may adopt, subject to the eligibility conditions prescribed under the applicable adoption law and CARA regulations. Age, marital status and the age difference between the child and prospective parent are also considered. 

CARA registration is required for adoptions processed under the Juvenile Justice Act and Adoption Regulations, including adoption of orphaned, abandoned or surrendered children. The procedure applicable to relative and step-parent adoption must also be properly followed. 

Yes. An eligible single woman may adopt a child of any gender. An eligible single man may adopt a boy but cannot adopt a girl under the applicable Adoption Regulations. 

Yes. A married couple may adopt when both spouses consent and satisfy the prescribed eligibility requirements. Their marital stability, health, financial capacity and ability to care for the child will be assessed. 

Yes. A person belonging to any religion may undertake legal adoption under the Juvenile Justice Act and CARA framework, subject to compliance with the applicable eligibility requirements and adoption procedure. 

Relative adoption is the legal adoption of a child by an eligible relative as defined under the applicable law. Proof of relationship, consent, affidavits, verification and the prescribed adoption procedure are required. 

Yes. A step-parent may adopt the biological child of their spouse after fulfilling the consent, registration, verification and documentation requirements and obtaining the required adoption order. 

Adoption among Hindus, Buddhists, Jains and Sikhs may be governed by the Hindu Adoptions and Maintenance Act, 1956. The adoptive parent, person giving the child in adoption and child must satisfy all statutory conditions for a valid adoption. 

The competent District Magistrate issues adoption orders under the Juvenile Justice Act framework after examining the application, supporting documents and prescribed verification reports. 

Common documents include identity and address proof, marriage certificate, photographs, income proof, medical fitness certificates, birth records, consent documents, relationship proof, affidavits and other records required for the particular form of adoption. 

Yes. Eligible NRIs, Overseas Citizens of India and foreign prospective adoptive parents may adopt from India by following CARA procedures and applicable inter-country adoption requirements. 

No informal or private arrangement should be treated as sufficient without verifying compliance with the applicable law. Improper adoption may create future disputes concerning parentage, custody, inheritance, passports and official records.

 The documents generally required at the time of CARA registration include:

1. Current family photograph or photograph of the person adopting the child. 
2. Aadhaar Card, Passport, Voter ID, Driving Licence, Birth Certificate or OCI Card, as applicable, together with PAN Card. 
3. Proof of residence, such as Aadhaar Card, Voter ID, Passport, current electricity bill or telephone bill. 
4. Proof of income for the previous year, such as salary slip, government income certificate or income-tax return. 
5. Medical fitness certificate confirming that the prospective adoptive parent does not suffer from any chronic, contagious or fatal disease and is fit to adopt. 
6. Marriage certificate, divorce decree, declaration concerning divorce under personal law, or death certificate of the spouse, as applicable. 
7. Undertaking from a relative when required for a single prospective adoptive parent. 
8. Consent of the older child or children already living in the adoptive family. 

Additional documents may be required depending on whether the matter involves relative adoption, step-parent adoption, inter-country adoption or any special circumstances.

 Prospective adoptive parents must be physically, mentally, emotionally and financially capable. They must not have a life-threatening medical condition, must not have been convicted of a criminal offence and must not be accused in a child-rights violation case. Eligibility is also subject to age, marital status and other requirements under the Adoption Regulations. 

Yes. A single woman may adopt a child of any gender. A single man is not eligible to adopt a girl child. The prospective parent must also satisfy the prescribed age and other eligibility conditions. 

Both spouses must consent to the adoption. Ordinarily, the couple must have completed at least two years of stable marital relationship. This two-year requirement does not apply to relative adoption or step-parent adoption. 

Age of childMaximum composite age of coupleMaximum age of single parentUp to 2 years85 years40 yearsAbove 2 and up to 4 years90 years45 yearsAbove 4 and up to 8 years100 years50 yearsAbove 8 and up to 18 years110 years55 years.  The minimum age difference between the child and either prospective adoptive parent must ordinarily be at least 25 years. These age requirements do not apply to relative adoption and step-parent adoption. 

 A couple having two or more children will ordinarily be considered only for adoption of children with special needs or children categorised as hard to place. This restriction does not apply to relative adoption or step-parent adoption.