Adoption laws in India are governed by different frameworks based on the religion of the adoptive parents. The Hindu Adoption and Maintenance Act, 1956 (HAMA) applies to Hindus, Buddhists, Jains, and Sikhs, with specific criteria for who can adopt, such as the need for a married Hindu man’s wife’s consent and conditions for single women or men adopting a child.
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) applies to all religions and allows single or married individuals to adopt, provided they meet specific conditions. The child to be adopted must be legally free, and the process is regulated through CARA to ensure a strict legal procedure.
For non-Hindus, the Guardians and Wards Act, 1890, provides guardianship, but not full adoption, with no automatic inheritance rights. International adoption follows the Hague Convention and CARA guidelines, particularly for foreigners and NRIs.
