Adoption Rights
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
India has two separate legal frameworks for adoption depending on the religion of the adoptive parent(s).
- HAMA, 1956 (Hindus, Buddhists, Jains, Sikhs): Adoption by Hindus is governed by the HAMA. A Hindu male (with or without wife's consent if she is dead, converted, or of unsound mind) or a Hindu female (if single, widowed, or divorced) can adopt. The adopted child receives all rights as a natural-born child including inheritance.
- Secular adoption (JJ Act, 2015 / CARA): Non-Hindus and anyone who prefers a secular process must adopt through CARA. This is the only legal route for Muslims, Christians, and Parsis — their personal laws do not recognise adoption. Key steps:
- Register on the CARA portal (cara.wcd.nic.in) and upload required documents.
- Home study by a Specialised Adoption Agency (SAA).
- Child is matched by CARA — you cannot directly choose the child.
- Pre-adoption foster care and then a court adoption order from the District Court.
- Adopted children inherit from adoptive parents and lose their right to inherit from their biological parents (under HAMA).
When does it apply?
- You are a Hindu wanting to adopt under the HAMA process.
- You are a non-Hindu or prefer a secular legal process and want to adopt through CARA.
- Your adopted child's inheritance and legal rights need clarification.
What should you do?
- For CARA adoption: Register at cara.wcd.nic.in, attach the required documents (PAR — Prospective Adoptive Parents' registration), and wait for home study and matching.
- For HAMA adoption: Ensure the giving and taking of the child is in accordance with HAMA requirements — both biological and adoptive parents should execute a registered adoption deed to avoid future disputes.
- After adoption, obtain a new birth certificate for the adopted child reflecting the adoptive parents' names from the Municipal Corporation/Gram Panchayat.
What should you NOT do?
- Do not attempt to adopt a child without following the prescribed legal process — informal adoptions are not legally recognised and the adopted child may be denied inheritance and citizenship rights.
- Do not pay money to obtain a child — child trafficking disguised as adoption is a serious criminal offence under the JJ Act and BNS.
- Do not adopt without ensuring the biological parents have legally relinquished the child — a subsequent relinquishment challenge can be devastating.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.
LawDepotCreate separation agreements, custody documents, prenuptial agreements, and wills. Lawyer-reviewed templates ready in minutes.Create Family Documents →OurFamilyWizardThe co-parenting app trusted by families and courts. Shared calendars, expense tracking, and messaging.Try Free →LegalNatureCreate prenuptial agreements, child custody agreements, and family legal documents. State-specific and attorney-drafted.Create Family Documents →