📋 Contents
In India, adoption of children by Hindu adults is governed primarily by the Hindu Adoption and Maintenance Act, 1956 (HAMA). For non-Hindu and other communities — including Muslims, Christians, Parsis, and Jews — adoption is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, through which any person regardless of religion may adopt a child through the CARA (Central Adoption Resource Authority) process. This article focuses on adoption under Hindu personal law.
Applicability of HAMA, 1956
Under Section 2 of HAMA, the Act applies to all persons who are Hindu by religion in any of its forms or developments, as well as to Sikhs, Jains, and Buddhists. It also applies to persons domiciled in India who are not Muslim, Christian, Parsi, or Jewish by religion. An NRI of Hindu, Sikh, Jain, or Buddhist faith is covered by HAMA for the purpose of adoption in India.
Who Can Adopt — Conditions for Adoptive Parents
Under Section 7 of HAMA, a Hindu male can adopt if he is of sound mind, has attained majority, and if he has a wife living, must obtain her consent. A Hindu female under Section 8 can adopt only if she is unmarried, a widow, or a divorcee. If she is married, the consent of the husband is necessary. For NRIs, the law does not create a separate category — an NRI who is Hindu can adopt under HAMA if the above conditions are satisfied. However, where the adoption is to be given effect in the country of residence, the local laws of that country regarding inter-country adoption may also apply, and CARA's guidelines for inter-country adoption must be followed.
Who Can Be Given in Adoption — Conditions for the Child
Under Section 10 of HAMA, the child being given in adoption must be Hindu, must not have been previously adopted, must not be married (unless there is a custom permitting adoption of married persons in that community), must not have completed fifteen years of age unless there is such a custom, and must not already have a living father, mother, or other guardian capable of giving the child in adoption.
Section 11 provides specific conditions:
- If adopting a son, the adoptive parent must not have a Hindu son, son's son, or son's son's son already living.
- If adopting a daughter, the adoptive parent must not have a Hindu daughter or son's daughter already living.
- If a male adopts a female child, there must be at least twenty-one years' age difference between them.
- If a female adopts a male child, there must similarly be at least twenty-one years' age difference.
Who Can Give in Adoption
Section 9 of HAMA provides that the father, mother, or guardian of a child can give the child in adoption. If the father is alive, he alone has the right to give in adoption, subject to the mother's consent. If the father is dead, converted to another religion, or mentally unsound, the mother alone can give in adoption. A testamentary guardian can also give in adoption if the natural parents are deceased.
Legal Effects of Adoption
Section 12 of HAMA sets out the effects of a valid adoption. The adopted child is deemed to be the child of the adoptive parent for all purposes, and with effect from the date of adoption, all ties with the biological family — except as specified — are severed. The adopted child cannot marry into the adoptive family within the degrees of prohibited relationships. The child becomes entitled to inherit from the adoptive family and loses the right to inherit from the biological family, subject to any vested rights already accrued at the date of adoption.
Special Considerations for NRI Adoption
NRIs who wish to adopt a child in India and bring them back to their country of residence face an additional layer of regulatory requirements. India is a signatory to the Hague Convention on Inter-Country Adoption, and CARA is the designated Central Authority. For NRIs who are Indian citizens, CARA's NRI adoption guidelines apply, requiring registration on the CARA portal, home study reports by authorised agencies, and obtaining a No-Objection Certificate. For OCIs or foreign nationals of Indian origin, the process is more formal and must comply with both Indian and the receiving country's laws. Countries such as Canada, the UK, and Australia have specific processes for recognising foreign adoptions.
Key Documents Required for Adoption Under HAMA
- Adoption deed or adoption agreement duly executed and registered
- Identity and address proof of adoptive parents
- Consent letter of the spouse (where applicable)
- Proof of age and Hindu religion of both adoptive parents and child
- Birth certificate of the child
- Death certificate of natural parents (where applicable)
- For NRI adoptions: passport copies, visa/residency proof, home study report, CARA registration documents
Important Notes
An adoption not made in compliance with HAMA is void. No court can validate an adoption that did not meet the mandatory conditions at the time it was made. NRIs who wish to adopt should obtain legal advice both in India and in their country of residence before proceeding, to ensure the adoption is recognised in both jurisdictions and does not create complications for immigration, inheritance, or citizenship purposes for the child.