NRI Legal Resource
The Advocates Act, 1961, the rules framed by Bar Council of India and Bar Council of Punjab And Haryana, do not permit advertisement or solicitation by Advocates in any form or manner. By accessing this website, you acknowledge and confirm that you are seeking information relating to NRI Legal Consultants of your own accord and that there has been no form of solicitation, advertisement or inducement by NRI Legal Consultants or its members.
Similarly, any matter / information / content posted by NRI LEGAL CONSULTANTS is for informational purposes only and should not be construed as legal advice. The contents of this site do not constitute legal opinion or legal advice.
By entering this website, you confirm and acknowledge that you have voluntarily sought the information available on this website and that no part of the website has been brought to your notice through any advertisement or solicitation.
Analytics counts visits so we can see which pages are useful. Choosing "without analytics" loads no analytics script and sets no analytics cookie. You can change this from the privacy policy page.
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.
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.
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.
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:
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.
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.
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.
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.