Breaking Adoption Myths: Understanding Adoption Laws in India

This article enlists and discusses all the Adoption Laws in India. But before the full discussion, one must the understand the meaning of ‘Adoption.’

Adoption is a transformative legal process that provides children a secure and loving home and couples and individuals the opportunity to experience the joys of parenthood. These parents are the one who are unable to conceive biological children.

It bridges the gap between children longing for affectionate homes and families yearning for a child.

However, in India, adoption is often surrounded by myths and misconceptions, primarily due to societal stereotypes and a lack of awareness.

This article aims to debunk these myths, clarify legal provisions, and ensure informed decision-making about adoption laws in India.

Understanding Adoption Laws in India

Adoption laws in India are governed by multiple legislations, each tailored to specific religious and secular needs:

• Hindu Adoption and Maintenance Act (HAMA), 1956: Governs adoption among Hindus, Buddhists, Jains, and Sikhs. It allows both married and single individuals to adopt but comes with specific conditions regarding the gender and number of children already present in the family.
• Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015: A secular law applicable to all, governing the adoption of orphaned, abandoned, and surrendered children. This Act introduced a uniform legal framework that allows individuals from all religions to adopt, ensuring every child has access to a loving home.
• Guardians and Wards Act (GWA), 1890: Applicable to individuals of other religions, where the adoptive parent becomes a guardian rather than a legal parent. This Act is significant for those who cannot adopt under personal laws but can assume legal guardianship, providing care and support to children.

The Role of CARA (Central Adoption Resource Authority)

CARA acts as the nodal body for adoption laws in India, ensuring that all adoptions follow legal procedures and prioritizing the welfare of children.

It also handles inter-country adoptions under the Hague Adoption Convention, preventing child trafficking and ensuring ethical adoption practices.

Age and Eligibility Criteria for Adoption

• A single adoptive parent must be at least 25 years old.
• The age difference between the child and the adoptive parent should be at least 25 years.
• Couples must have a stable marriage of at least two years.
• There are no rigid income criteria; however, adoptive parents must demonstrate financial stability to support the child.

Common Myths and Facts About Adoption in India

Myth 1: Biological Parents Can Reclaim the Child After Adoption

Fact: This is one of the most common myths. Adoption Laws in India clearly states that adoption is final and irreversible after a court order. According to Section 41(6) of the JJ Act, 2015, adoption is permanent, and biological parents or guardians cannot reclaim the child.

Similarly, HAMA, 1956 declares adoption absolute with no provision for revocation. Thus, adoptive parents enjoy complete legal rights, ensuring stability and permanency for the child.

Myth 2: Single Parents Cannot Adopt

Fact: Indian law allows single individuals, regardless of gender, to adopt children. This progressive move breaks societal stereotypes linking marital status with parenting ability.

However, there is one limitation: single men cannot adopt a girl child, a restriction that raises questions about gender equality. Nonetheless, this provision aims to safeguard children’s welfare, ensuring that single parents can provide stable, loving homes.

Moreover, single women can adopt a child of any gender, showcasing India’s progressive outlook toward gender-neutral parenting.

Myth 3: Only Hindus Can Adopt in India

Fact: Although HAMA, 1956 governs adoption among Hindus, the JJ Act, 2015 allows individuals of all religions to adopt legally. The JJ Act, being secular, promotes inclusivity and ensures equal rights for potential adoptive parents regardless of religious background. This provision emphasizes family diversity, gender equality, and child welfare, making adoption accessible to all.

Additionally, the JJ Act has been instrumental in providing children in institutional care a chance to grow in a family environment, irrespective of the adoptive parents’ religion.

Myth 4: Guardianship Equals Legal Parenthood

Fact: Under the Guardians and Wards Act (GWA), 1890, guardianship grants decision-making authority but does not confer full parental rights, particularly concerning inheritance. Adoption under HAMA or the JJ Act provides complete parental rights, including inheritance. Understanding this distinction is vital to protect the legal rights of both children and guardians.

While guardianship is reversible and limited, adoption offers permanent family integration, granting the child equal rights as a biological offspring.

Myth 5: Foreigners and NRIs Cannot Adopt Easily

Fact: Foreigners and Non-Resident Indians (NRIs) can adopt from India under the JJ Act, 2015, regulated by the Central Adoption Resource Authority (CARA).

While the process for foreigners involves stricter regulations, such as working through an Authorized Foreign Adoption Agency (AFAA) and obtaining a No Objection Certificate (NOC) from CARA, it remains structured and accessible.

The process includes registration, home study reports, child referrals, court approvals, and post-adoption follow-ups, ensuring the child’s well-being.

Foreigners also need to comply with the guidelines under the Hague Adoption Convention, making international adoptions ethical and transparent.

Additional Considerations in Adoption

Adoption of Older and Special Needs Children

Adoption Laws in India also encourages adopting older children and those with special needs, who often wait longer for families. CARA facilitates such adoptions, providing additional counseling to ensure successful integration.

Open vs. Closed Adoption

• Open Adoption: Biological and adoptive families maintain some form of contact.
• Closed Adoption: No contact is maintained post-adoption. India primarily follows closed adoption to protect the privacy of all parties involved.

Debunking More Myths About Adoption

• Myth: Adopted children face identity crises.
  Fact: Proper counseling, transparency, and a supportive environment ensure healthy development.
• Myth: Adoption processes are excessively long.
  Fact: While the process is rigorous for the child’s welfare, recent reforms have made it more efficient.
• Myth: Only wealthy individuals can adopt.
  Fact: Financial stability is considered, but wealth is not a prerequisite. The focus is on the ability to provide a loving home.
• Myth: Adoption is only for childless couples.
  Fact: Adoption is open to all eligible individuals and families who wish to provide a nurturing home.

Conclusion: Promoting Adoption Awareness and Inclusivity

Debunking myths and raising awareness about adoption laws in India are crucial for promoting adoption.

Legal frameworks, such as HAMA, JJ Act, and GWA, provide robust mechanisms to ensure ethical adoptions that protect the rights of children and adoptive parents. However, overcoming societal stereotypes requires continuous education and advocacy.

Adoption is more than a legal process; it is an act of love, inclusion, and transformation.

By dispelling misconceptions and encouraging informed decision-making, we can foster an environment where adoption is celebrated, respected, and seen as a positive choice for building families in India.

With increased public understanding and legal clarity, adoption can become a mainstream choice, offering every child the chance to thrive in a secure and affectionate family environment.

Read the manuscripts of the above Adoption laws in India here ⬇️.

1. Hindu Adoption and Maintenance Act (HAMA), 1956.
2. Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015.
3. Guardians and Wards Act (GWA), 1890.