Adoption Lawyer

Child Adoption Law in India

In India, adoption laws are governed by three legislation –

• The Hindu Adoption and Maintenance Act (H.A.M.A.), enacted in 1956, applies to Hindus, Buddhists, Jains, and Sikhs. Adoption is irrevocable under this statute, granting the child complete status as a natural child born to the family and giving the right to inherit the property.
• The Guardian and Wards Act of 1890 governs adoption for Muslims, Parsis, Christians, and Jews. According to the G.A.W.A., the connection formed upon adoption is merely that of guardian and ward. Adoption under G.A.W.A. does not bestow child status on the adopted child; this differs from H.A.M.A.
• The 2015 Juvenile Justice (Care and Protection of Children) Act was enacted to replace the Juvenile Justice (Care and Protection of Children) Act of 2000. It applies to all Indian citizens. It makes it possible to adopt two children of the same gender. It bestows the status of parents and kids rather than guardians and wards. It also grants the adopted child the same rights as the biological child. It offers a complete framework for domestic and international adoption of orphans, abandoned children, and surrendered children.

Who is eligible for adoption?

• Under the J.J. Act 2015 provisions, an orphan, abandoned, or surrendered child certified legally free for adoption by the Child Welfare Committee (C.W.C.) may be adopted.
• A relative’s child (paternal uncle or aunt, a maternal uncle or aunt, or paternal and maternal grandparents) is defined under sub-section 52 of Section 2 of the Juvenile Justice Act, 2015.
• Children from a previous marriage surrendered by the biological parent (s)

Who can adopt?

• As per the Adoption Regulations 2017 and as per the Juvenile Justice (Care and Protection of Children) Act, 2015, issued by the Ministry of Women and Child Development:
• Physically, intellectually, and financially stable, with no life-threatening physical conditions
• Married couple- 2 years of solid marital connection with both spouses’ consent; married couple’s composite age shall not exceed 110 years.
• A single woman can adopt a child of any gender, but a single guy cannot adopt a girl child. A single parent’s age cannot surpass 55 years.
• The minimum age difference between the kid and the prospective adoptive parent should be 25 years.
• In the case of related or stepparent adoptions, age criteria do not apply.
• Couples with three or more children are not considered unless they adopt children with special needs or who are difficult to place.
• Apart from resident and non-resident Indians, even overseas citizens of India and foreign parents can adopt children from the country.
• To adopt a child less than four years old, the maximum composite age is 90 in the case of a couple and 45 in the case of a single parent.
• For adopting a child above four years old, the maximum composite age for a couple is 100, while the maximum period for a single parent is 50 years.
• For adopting a child between eight and 18 years, the maximum age is 110 and 55 years for a couple and a single P.A.P., respectively.

For more information and personal assistance, contact

Deepti Dogra and Associate

Phone no.-8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030