This document provides information on the legal procedures for adoption of children in India. It discusses the key acts governing adoption, eligibility criteria for prospective adoptive parents and children, the adoption process, effects of adoption, and guidelines for inter-country adoption. Some of the main points covered include that adoption is governed by Hindu Adoption and Maintenance Act, Guardian and Wards Act, and Juvenile Justice Act, eligible adoptive parents must be over 21 years of age and financially stable, the process involves registration, home study, court hearings, and more. It also outlines guidelines for foreign nationals seeking adoption in India.

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROCEDURES FOR LEGAL
ADOPTION OF CHILDREN
IN INDIA– A STUDY
BY N.PRASSANVADANA

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• THE LAWS GOVERNING ADOPTION
• Adoption is a legal process by which a child is placed with a
married couple or a single female who agree to raise him as their
own and assume all responsibilities for him. Adoption is the
creation of a new, permanent relationship between an adoptive
parent and child and the child takes the place of a biological child
to all intents and purpose.
• Adoption of a child in India is governed by the following acts:
• THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 which deals
with adoption by individuals belonging to Hindu, Sikhs, Jains,
Buddists.
• Guardian and Wards Act, 1890, which deals with adoption by
Foreign Citizens, Indian Nationals, NRI who are Muslims, Christians
or Jews.
• Juvenile Justice Act , 2000 which deals in part with adoption of
children by non- Hindu parents.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
QUICK REVIEW OF LEGAL
ADOPTION
• WHO CAN ADOPT? - Single woman (unmarried, widow, divorcee)
or married couple.
– An Indian
– non-Resident Indian
– Foreign citizen
• WHO CAN GIVE CHILD IN ADOPTION? - Parents / Guardian of child
– both parents together
– one of them if the other has renounced world or ceased to be
Hindu or has become insane.
– If both parents are dead or not competent in law or child’s
parentage unknown then guardian can give child in adoption
with permission of court.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• ELIGIBILITY OF THE ADOPTIVE PARENT
– Must be over 21 years
– Financial ability to raise the child
– Adopted child not to be as same sex as adoptive parent’s living
child
– Cannot adopt more than one child of same sex.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
– PROCESS OF ADOPTION
• REGISTRAION Registration to be done with a recognized
adoption coordinating agency and preparation of the documents
to be submitted with the agency to get registered.
• HOME STUDY AND COUNSELING Home Study at the parent/s
residence to assess the couple’s parenting abilities, preparations,
on the issue of Adoption. This is made into a report and is
submitted to the honorable court.
• REFERRAL OF THE CHILD The agency will disclose medical file,
Physical Examination Report and such information of the child. On
the parent/s acceptance of the same, the agency will show the
child physically. The prospective parent have option to accept
child or ask for another child.
• FILING OF PETITION Documentations made by the parent/s
to the agency and the child’s documents are sent for preparation
of the petition. Once the petition is ready the parent/s will be
called at the court and sign the same in presence of the court
officer.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• HEARING The parent/s should attend the court hearing in
camera along with the child. If satisfied judicial officer will pass
the order and mention the amount to be invested in the child’s
name.
• COURT ORDER Once the amount is invested and the receipt is
shown to the Judge the order will be issued. If under HAMA then a
Deed of Adoption is prepared and the same needs to be
registered with the local registrar’s office. This is not required in
adoptions done under Guardian and Wards Act of 1890 & Juvenile
Justice Act of 2000 Acts.
• FOLLOW UP After the adoption the agency needs to submit
follow up reports to the court about the child’s welfare up to 2
years or more.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
- QUICK REVIEW OF LEGAL ADOPTION
- EFFECTS
• As per HAMA, 1956, the adopted child ceases to be part of
his birth family, instead he assumes all the rights of natural
child of adoptive parents. Adoption once made cannot be
renounced.
• GUARDIAN AND WARDS ACT, 1890 allows Foreign Citizens,
Indian Nationals, NRI who are Muslims, Christians or Jews to
adopt a child; in case of NRI and foreign national adoption
has to be in conformity with the laws of land where they
reside. Under the act , adoptive parent is considered as the
guardian of the child till the age of 18 years only and the
child does not succeed to the rights of a natural legal heir as
to property.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
•L. K. Pandey vs. Union of India - The Supreme Court of India has laid
down certain guidelines for foreign adoption in an attempt to safeguard
the interests of the children. Applications made under the Guardians and
Wards Act, 1890 has to be disposed of within 2 months. Requirement for
personal presence of the foreign national.
•JUVENILE JUSTICE ACT OF 2000 deals with Children who have been
abandoned or abused and not those children who have been voluntarily
put up for adoption.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ADOPTION BY FOREIGN NATIONALS
• GUIDELINES FOR ADOPTION FROM INDIA – 2006
• The objective of the Guidelines is to provide a sound basis
for inter-country adoption within the framework of the
norms and principles laid down by the Supreme Court of
India in the series of Judgments delivered in L.K. Pandey vs.
Union of India and Others 1984 and 1991.
• India has signed the Hague Convention on Inter-country
Adoption-1993 on 2003 and ratified the same with a view
to protect Indian Children placed in Inter-country
adoption. For the purpose of implementation, Central
Adoption Resource Authority is functioning as the Central
Authority.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
-CENTRAL ADOPTION RESOURCE
AUTHORITY (CARA)
CENTRAL ADOPTION RESOURCE AUTHORITY - Ministry of
Women and Child Development
• CARA maintains a list of all Enlisted Foreign Adoption
Agencies EFAA who can forward applications of foreign
prospective adoptive parents including NRIs) to it for
approval.
• CARA recognizes/accredits Indian Placement Agencies for
Inter-country Adoption (RIPA).
• CARA works closely with Adoption Coordinating Agencies
(ACAs), Adoption Scrutiny Agencies (ASAs) to promote in-
country and inter country adoptions.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROCEDURE FOR INTER-COUNTRY
ADOPTION
• The Supreme Court of India has laid down that every application
from a foreigner/NRI/PIO (as applicable) desiring to adopt a child
must be sponsored by a social or child welfare agency recognized or
licensed by the Government or a Department of the Foreign Govt. to
sponsor such cases in the country in which the foreigner is resident.
• The foreign agency should also be an agency ‘authorized’ by CARA,
Ministry of Social Justice & Empowerment, Govt. of India.
• No application by a foreigner/NRI/PIO for taking a child in adoption
should be entertained directly by any social or child welfare agency
in India.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CRITERIA FOR FOREIGN PROSPECTIVE
ADOPTIVE PARENT/S (FPAP):
• Married couple with 5 years of a stable relationship, age, financial
and health status with reasonable income to support the child
should be evident in the Home Study Report.
• Prospective adoptive parents having composite age of 90 years or
less can adopt infants and young children. These provisions may
be suitably relaxed in exceptional cases, such as older children
and children with special needs, for reasons clearly stated in the
Home Study Report. However, in no case should the age of any
one of the prospective adoptive parents exceed 55 years.
• Single persons (never married, widowed, divorced) up to 45 years
can also adopt.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cntd…
• Age difference of the single adoptive parent and child
should be 21 years or more.
• · A FPAP in no case should be less than 30 years and
more than 55 years.
• · A second adoption from India will be considered only
when the legal adoption of the first child is completed.
• · Same sex couples are not eligible to adopt.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROCEDURES IN ALL CASES OF INTER-
COUNTRY ADOPTION
• Step I) To register with Enlisted Foreign Adoption Agency
(EFAA)
• Step II) Role of Recognised Indian Placement Agency (RIPA)
• Step III) Child being declared free for inter-country adoption
- Clearance by ACA
• Step IV) Matching of the Child Study Report with Home
Study Report of FPAP by RIPA
• Step V) Issue of No Objection Certificate (NOC) by CARA
• step VI) Filing of Petition in the Court
• Step VII) Passport and Visa
• Step VIII) Child travels to adoptive country

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CRITERIA FOR ELIGIBLE CHILDREN
• The child must be legally free for adoption.
• Clearance from ACA/State Government is mandatory for all
children except wherever exempted under the Guidelines.
• Siblings/twins/triplets cannot be separated except in
exceptional cases.
• Two unrelated children cannot be proposed to a foreign
family at a time.
• A child may as far as possible be placed in adoption before
it reaches the age of 12.
• The consent of the child has to be obtained wherever
applicable.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHERE THERE IS NO ENLISTED FOREIGN
ADOPTION AGENCY (EFAA)
• In the case of an Indian National residing in a country where
there is no Enlisted Agency, CARA may allow an organisation
or individual recommended by the Indian Embassy to do the
Home Study Report (HSR), and other documentation.
• Wherever there is no FAA enlisted by CARA in any country,
the concerned Government Department/Ministry
/authorized body of that country may forward the original
application and related documents of the prospective
adoptive parents to CARA through the Indian Embassy/High
Commission.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FOREIGN NATIONALS LIVING IN INDIA
• In case of foreigners who have been living in India for one
year or more, the HSR and other connected documents may
be prepared by the RIPA which is processing the application
of such foreigners for the guardianship of the child.
• An undertaking should be given by the concerned
Embassy/High Commission that the child will be legally
adopted in that country and also mention an agency/orgn.
who would send the progress reports and take care of the
child in case of any disruption as and when the child is taken
abroad.
• However a certificate is required from the competent
authority in the country of permanent residence of the FPAP
indicating that the child shall be allowed to enter the country
and get adopted in due course.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHTS OF THE CHILD TAKEN ABROAD
• When the Court makes an order appointing adoptive
parents as the guardians of the child, the order shall
contain an undertaking of the adoptive parents that they
shall protect and safeguard the best interest of the child
and that the child would be legally adopted in the receiving
State not later than two years from the date of the order.
• On such adoption in the receiving State, subject to the
Laws of the country the child would have all rights
recognized under International Law.

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
The above was but a brief glimpse of
the basic procedures of adoption in
India as well as inter-country adoption
of Indian children.

20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU
THANK YOU