Adoption Procedure in India — Complete Legal Process and Requirements

Adoption in India — Overview

Child adoption in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022. The process is centrally managed by CARA (Central Adoption Resource Authority), a statutory body under the Ministry of Women and Child Development.

All adoptions in India (except by step-parents and relatives) must go through CARA's online portal — CARINGS (Child Adoption Resource Information and Guidance System).

Key principles of Indian adoption:

• Best interest of the child is paramount
• Adoption is irrevocable — creates a permanent parent-child relationship
• The adopted child has the same rights as a biological child
• The process is regulated and transparent through the online portal
• No payment is involved — buying/selling children is illegal

Who Can Adopt?

Eligibility Criteria

Age Gap Between Parent and Child

Single males can only adopt a male child.

Types of Adoption

1. In-Country Adoption

Indian citizens and NRIs adopting children within India through CARA.

2. Inter-Country Adoption

NRIs, OCIs, and foreign nationals adopting Indian children. Additional requirements from both Indian and receiving country authorities.

3. Relative Adoption

Adoption by a step-parent or relative — doesn't require CARA involvement but needs court order.

4. Hindu Adoption

Under the Hindu Adoption and Maintenance Act — applicable to Hindus, Buddhists, Sikhs, and Jains. Can be done through a deed or court order.

Step-by-Step Adoption Process (CARA)

Step 1: Registration on CARINGS Portal

1. Visit carings.nic.in
2. Click "Register as Prospective Adoptive Parent (PAP)"
3. Fill registration form:
   • Personal details of applicants
   • Address and contact information
   • Employment and income details
   • Preferences (age, gender, health status of child)
4. Upload documents
5. Pay registration fee (₹1,000 for Indian residents)
6. Receive registration number

Step 2: Home Study

1. CARA assigns a Specialised Adoption Agency (SAA) near your residence
2. A social worker from the SAA conducts a Home Study Report (HSR):
   • Visits your home to assess living conditions
   • Interviews both parents (and existing children, if any)
   • Evaluates parenting readiness and motivation
   • Checks financial stability and health
3. Home study is completed within 3 months of registration
4. HSR is uploaded to CARINGS

Step 3: Wait for Referral (Matching)

1. After HSR approval, you enter the waiting list
2. CARA's computerized system matches children with parents based on:
   • Parent's preferences (age, gender, health)
   • Seniority in the waiting list
   • Child's needs
3. When a match is found, you receive a child referral with:
   • Child's photograph
   • Medical report
   • Background information
4. You have 48 hours to accept or reject the referral
5. You can reject up to 3 referrals (more rejections may affect your seniority)

Step 4: Pre-Adoption Foster Care

1. After accepting the referral, visit the Child Care Institution (CCI)
2. Meet the child and spend time with them
3. A pre-adoption foster care period begins (typically 2-4 weeks in the institution)
4. SAA evaluates the bonding between parent and child

Step 5: Court Petition

1. SAA files the adoption petition in the District Court
2. Documents submitted:
   • Consent of CCI
   • Home Study Report
   • Child Study Report
   • Medical reports
   • PAP documents
3. Court hearing scheduled within 2 months
4. Court may interview parents and inspect documents

Step 6: Adoption Order

1. Court passes the Adoption Order
2. The child is legally yours
3. Adoption order is the child's birth certificate equivalent for legal purposes

Step 7: Post-Adoption Follow-Up

1. SAA conducts post-adoption follow-ups:
   • At 2 months
   • At 6 months
   • At 12 months
   • At 24 months (for inter-country adoption)
2. Reports are uploaded to CARINGS
3. Follow-ups ensure child's well-being and adjustment

Documents Required

From Prospective Adoptive Parents

• Identity proof — Aadhaar, PAN, passport
• Address proof — Utility bills, bank statement
• Marriage certificate (for couples) — see our court marriage guide
• Income proof — Salary slips, ITR (last 3 years), bank statements
• Medical fitness certificate — From a government hospital
• Photographs — Individual and family
• No criminal record certificate — Self-declaration
• Property documents (if owned)
• Reference letters — 2-3 character references

Additional for NRIs

• Passport copies
• Home study from the Central Authority of the receiving country
• No Objection Certificate from the Indian mission
• Conformity certificate from the receiving country

Timeline

Wait time depends on: Preference for younger children (longer wait), acceptance of special needs children (shorter wait), and number of PAPs in the state.

Fees

Important: No money should be paid to anyone for "getting a child faster." Adoption is free from CARA — only legitimate fees apply.

After Adoption

1. Birth certificate — Apply for a new birth certificate with adoptive parents' names from the municipal authority
2. Aadhaar — Apply for Aadhaar card for the child — see our Aadhaar guide
3. Passport — Apply with adoption order
4. School admission — Use adoption order and new birth certificate
5. Insurance — Add child to health and life insurance
6. Nomination — Update EPFO and investment nominations
7. Will — Update your will to include the adopted child (though adopted children have equal legal rights)

Important Tips

1. Be open with preferences — Accepting older children or special needs children significantly reduces wait time
2. No shortcuts — Beware of illegal adoption rackets; always go through CARA
3. Prepare emotionally — Adoption is a journey; connect with adoption support groups
4. The process is transparent — Track everything on CARINGS; escalate delays to CARA
5. Adopted children have full rights — Same inheritance, succession, and legal rights as biological children

Frequently Asked Questions

Can a single person adopt in India?

Yes, single women can adopt children of any gender. Single men can adopt only male children. The single person must be financially stable and meet the age criteria.

Is there a minimum income required for adoption?

No fixed minimum income is specified. The Home Study evaluates overall financial stability and ability to provide for the child. A steady income and adequate living conditions are expected.

How long is the waiting period for adoption?

It varies from 6 months to 3+ years depending on your preferences. Couples willing to adopt older children (5+) or children with special needs may get matched much faster.

Can NRIs adopt children from India?

Yes, NRIs can adopt through CARA's inter-country adoption process. The process involves both Indian and receiving country authorities and takes longer than domestic adoption.

Is adoption reversible in India?

Adoption under the JJ Act is irrevocable. Once the court passes the adoption order, it creates a permanent parent-child relationship. It cannot be reversed except in extraordinary circumstances by court order.

Can I choose the gender of the child?

You can indicate a preference on the CARINGS portal, but it may increase wait time. CARA encourages parents to be open to both genders to reduce the waiting period.

Disclaimer: This guide is for informational purposes only. Adoption is a legal process with specific requirements. Consult CARA and a qualified lawyer for your specific situation.