Legal Guidelines

Regulation of Adoption by the Government of India, is the consequence of a Supreme Court Judgment in 1984. The Judgment, 

Directs that no destitute child shall be presumed to be abandoned and free for placement unless certified so. Rules against the indiscriminate transfer of children from one state to another unless absolutely essential.

Directs municipal offices to issue birth certificates to an adopted child under the Registration of Births and Deaths Act (1969), upon certification received by the Court and placement agencies. Also, directs that the certificate should not mention the word ‘adoption’.

Child Adoption in India can be made under the following Laws:

Guardians & Wards Act (GWA) 1890
The Act confers Guardianship status to the adoptive parents until the child reaches maturity.  Non-Hindus and communities, whose personal laws do not sanction adoption (Muslims, Christians, Jews and Parsis) can take a child as their ward under the Act.  Inter-country adoptions (except in the case of NRI/PIO Hindus) can also, be formalized under this Act.

The Hindu Adoption and Maintenance Act (HAMA) 1956 (amended in 1960 and 1962)
The HAMA (December 1956) and subsequently amended in 1960 and 1962 respectively, applies to Hindus all over India, except the State of Jammu and Kashmir. It also, covers Buddhists, Jains and Sikhs and those raised as Hindus. The main feature of this codified Act is that any Hindu (who has attained majority, male or female, and is of sound mind) can adopt a child subject to specified conditions

The Juvenile Justice (Care and Protection of Children) Act 2000
The amended JJ Act extends to the whole of India except the state of Jammu and Kashmir. The Act seeks to consolidate and modify the law relating to juveniles in conflict with the law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation. It provides for child adoption by persons of all religions, thus addressing the lacunae in the existing adoption laws.