Legal Matters: The Legalities of Adoption

Planning to adopt a child in India? Understand adoption laws, eligibility criteria, Christian adoption rights, and legal procedures explained by an experienced advocate.

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Legal Matters: The Legalities of Adoption

Our legal experts answer your questions and provide guidance on adoption-related matters.

Q1. We are planning to adopt and already have a biological son and daughter. Are there any restrictions on parents with biological children adopting another child? What is the legal process?

The Adoption Act allows parents with biological children to adopt. The adoption process is the same for all children covered under the Act.

A petition for adoption may be filed either by the prospective adoptive parents or by a recognized institution/agency before the Magistrate designated under the Juvenile Justice Act. If the Magistrate, along with the other members of the Board, finds the petition in order, the adoption will be granted.

Since this forum allows only a general discussion, it is advisable to consult a lawyer in your city who specializes in adoption cases for case-specific guidance.

Eligibility Criteria for Adoptive Parents (as framed by CARA – Central Adoption Resource Authority)

Persons eligible to adopt:

Any individual, irrespective of marital status
Parents may adopt a child of the same sex, regardless of the number of living biological sons or daughters
Childless couples

Additional Eligibility Criteria for Prospective Adoptive Parents (PAPs):

Couples must have at least two years of a stable marital relationship
Couples in a live-in relationship are not eligible
To adopt a child aged 0–3 years, the individual age of PAPs must be between 25 and 50 years
To adopt a child above 3 years, the individual age of PAPs must be between 25 and 55 years
A single PAP must be between 30 and 50 years of age
PAPs must have adequate financial resources and good health
Adoption of siblings is permitted
An unmarried or single male is not permitted to adopt a girl child

Q2. I have heard about open and closed adoptions. What do they mean? Is it possible to lose a child to birth parents after adoption?

There are three types of adoption:

Open Adoption – Both parties have access to full information about each other
Semi-Open Adoption – Limited information is shared
Closed Adoption – No identifying information is exchanged

In India, adoptions are usually closed, especially in cases where the child has been abandoned. Adoption agencies place such children for adoption only after completing all legal procedures.

When a child is given in adoption by the birth parents, the adoption is generally open, unless both parties agree otherwise. However, this raises ethical considerations, including the child’s right to know their biological parents.

It is rare to lose an adopted child to birth parents if proper legal procedures are followed. Abandoned children are declared legally free for adoption only after due process.
However, if a child is taken merely on oral assurance without following legal procedures, there is a risk that birth parents may later reclaim the child through court proceedings.

Q3. We are a Christian couple and plan to adopt. I have heard that Christians can only be guardians and not legal parents. Is this true?

This was true prior to the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000. Under the earlier system, Christian parents could only become guardians, which caused several legal complications, especially regarding inheritance after the child attained majority.

With the Juvenile Justice Act, 2000, Christians can now legally adopt and become the lawful parents of an adopted child. Adoptive parents, along with the authorized representative of the child, can execute an Adoption Deed before the District Revenue Registrar, provided all eligibility criteria are met.