From Orphanages to Homes: Adoption Laws & Challenges in India

Author: Mahalakshmi Indireddy, O.P. Jindal Global University

Adoption is a deep, selfless devotion to humanity. It provides orphaned or neglected children with a new start in life, allowing them to lead their lives in the congenial atmosphere of a family. It allows individuals and couples to experience parenting while also providing needed care, protection, and stability for children.

With its huge population, India has many orphaned and abandoned children. Roughly 30 million children are orphans in India, and despite the overwhelming number, legal adoption in the country is a tick, and only a small fraction of orphans are legally adopted each year according to data available from UNICEF. Legal hurdles, bureaucratic bottlenecks, and the social disposition towards adoption are among the foremost reasons for this low adoption rate. 

Adoption in India is regulated by strict laws to ensure the best interest of children and avoid illegal practices. However, the complexity of these laws discourages prospective adoptive parents (PAPs). In this article, we will discuss the adoption laws in India, the process of adoption step-by-step, and the consequences faced by both the child and the adoptive parents. 

India has a double legal regime for adoption depending on the religion of the adoptive parents. It is governed by two prominent laws in India which are:

1. The Hindu Adoption and Maintenance Act, 1956 (HAMA): 

HAMA applies only to Hindus, Buddhists, Jains, and Sikhs. It allows any Hindu man or woman who is of sound mind to take in a child as long as certain conditions are met. The conditions are as follows:

• A Hindu male must be 18 or older to adopt and must also get his wife’s consent if he is married. 

• A Hindu woman must be 18 or older to adopt and if married must obtain the consent of her husband for the same. 

• The child should be a Hindu must be below 15 years and should have never been adopted previously.

• A Hindu family can adopt a child of the opposite sex only if they do not already have a biological child of that gender.

Through HAMA a quick and easy adoption process exists yet the system fails to authorize children's adoption by people outside the Hindu religion.

2. The Juvenile Justice Act, 2015 (JJ Act): 

The JJ Act is a secular legislation, which is applicable to adoptions for all Indians, regardless of whether they are Hindus or not. It establishes a legal system for the adoption of orphaned, abandoned, and surrendered children. This process comes under the JJ Act, which is regulated by the Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women and Child Development. CARA is responsible for regulating domestic and inter-country adoptions in India, with a focus on transparency and ethics. Under the JJ Act:

• A child can be adopted by any Indian citizen irrespective of religion.

• In the case of a couple, the consent of both spouses is required. 

• Singles, even unmarried women, can adopt but a single male cannot adopt a girl child. 

Any adoption must comply with CARA guidelines that place the child’s best interests at the center of the process.

In India, there have been serious instances of illegal adoption practices, including the trafficking and sale of infants. Unregistered adoption agencies have exploited biological parents and vulnerable children. One such instance was the accusations made against Mother Teresa's Missionaries of Charity in 2018 regarding a "baby-selling racket." The adoption procedure in India is hampered by its length and bureaucratic nature. Only 2,131 children are legally available for adoption, while over 30,000 hopeful parents are waiting. The adoption procedure often takes three years, and two-thirds of these kids have special needs. Over 1,100 cases of adoptive parents returning their children were reported by CARA in 2020, which is a worrying trend. Within the previous five years, adopted children have been returned to centers. Adoption of children with disabilities is difficult; in 2018–19, just 1% of them were adopted. There is a downward trend in the adoption of children with special needs.

The adoption process in India is a life-changing process. The progressive legal framework of HAMA and the JJ Act notwithstanding, bureaucratic delays and societal attitudes are sparing women from getting justice. While these laws protect transparency and child welfare, the processes are often long enough to dissuade even potential adoptive parents.

In the future, we will need to streamline the adoption process, raise awareness of special needs, and promote societal acceptance to improve adoption rates. Timely legal approvals, reducing bureaucratic red tape, special needs adoptions & others can prove to be a foundation for the future of adoption in India.

Know that while the path to adoption may feel long and potentially scary, it is life-changing, rewarding, and worth every moment. Every child deserves a loving home, and every would-be parent deserves a system that works. 

As Mahatma Gandhi said, “The true measure of any society can be found in how it treats its most vulnerable members.” The answer to breaking the cycle is to make adoption a more attainable choice. Will we rise and overcome the challenges and find every child a family to call their own?

1. Cara, cara.wcd.gov.in/about/about_cara.html#. Accessed 2 Feb. 2025. 

2. ForumIAS. “Orphaned Children in India - Explained, Pointwise.” Free UPSC IAS Preparation Syllabus and Materials For Aspirants, 1 June 2021, forumias.com/blog/orphaned-children-in-India/

3. R A Katta, Revitalizing adoption laws in India: A path to equity and progress, 10 INT. J. LAW 23 (2024).   

4. Sara Bardhan and Neymat Chadha. “The Challenges and Unaddressed Issues of Child Adoption Practices in India.” The Withe wirewire.in/society/challenges-issues-child-adoption-practices-india. Accessed 2 Feb. 2025. 

5. Sara Bardhan and Neymat Chadha. “The Challenges and Unaddressed Issues of Child Adoption Practices in India.” The Wire, https://thewire.in/society/challenges-issues-childadoption-practices-india. Accessed 2 Feb. 2025.  

6. The Hindu Adoption and Maintenance Act, 1956, No. 78, Acts of the Parliament, 1956 (India).

7. The Juvenile Justice Act, 1956, No. 02, Acts of the Parliament, 2015 (India).