Adoption Laws in India: Challenges in Creating a Uniform Framework : Author: TANIYA GUHA
Adoption is the permanent placement of a child with a new family. In India, children are adopted under various laws, like the Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the secular Juvenile Justice Act, 2015. HAMA has given some rules for Hindu adoptions. It gives who can adopt and who can be given for adoption. But with multiple laws, it is very difficult to build one common adoption framework for all. This paper discusses these various legal rules and the major problems in establishing uniformity. It focuses on legal certainty, equality and the protection of the best interests of the child.
ARTICLE
Abstract
Adoption is the permanent placement of a child with a new family. In India, children are adopted under various laws, like the Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the secular Juvenile Justice Act, 2015. HAMA has given some rules for Hindu adoptions. It gives who can adopt and who can be given for adoption. But with multiple laws, it is very difficult to build one common adoption framework for all. This paper discusses these various legal rules and the major problems in establishing uniformity. It focuses on legal certainty, equality and the protection of the best interests of the child.
Keywords
Adoption, HAMA, Juvenile Justice Act, Child Welfare, Uniform Framework.
Introduction
Adoption is a legal process where a child becomes the legal child of another person or family. It gives a child the chance to live in a family and receive proper care, protection, education and support. In India, adoption is governed by different laws. One important law is the Hindu Adoptions and Maintenance Act, 1956 (HAMA). This Act explains who can adopt a child, who can give a child for adoption, who can be adopted and what conditions are required for a valid adoption. But India is a country of different religions, customs and personal laws. Therefore, it is difficult to establish a uniform framework for adoption. Any proper framework must provide for equality and clarity, but also to protect the best interests of the child.
Hindu Adoptions and Maintenance Act, 1956
Section 5 of HAMA provides that an adoption made after the commencement of the Act shall be in accordance with the provisions of the Act. Any adoption in violation of the provisions hereof shall be void. A void adoption does not create any rights in the adoptive family that could not have been obtained by a valid adoption.
Section 6 provides for essentials of a valid adoption. This section provides that an adoption is valid only if the adopting person has capacity to adopt and right to adopt, the person giving the child in adoption has capacity to do so, the child is capable of being adopted and the other conditions of the Act are fulfilled.
Who Can Adopt?
Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu male who is of sound mind and the age of majority can adopt subject to the conditions of the Act. And sometimes the consent of his wife is also required. A Hindu female who is of sound mind and has attained the age of majority can also adopt, subject to the conditions provided under the Act.
Under the Juvenile Justice Act, 2015, prospective adoptive parents may also adopt irrespective of their religion, subject to the eligibility conditions and adoption procedure. A married couple generally requires the consent of both spouses. A single or divorced person may also adopt, subject to the prescribed conditions.
Case Law: Shabnam Hashmi v. Union of India (2014) – The Supreme Court held that the JJ Act is a secular law, allowing people of any religion to legally adopt a child regardless of their personal laws.
Legal Effects of Adoption
The Act provides the legal effect of adoption. Section 12 states that for all legal purposes the adopted child becomes the legal child of the adoptive parents and is cut off from the biological family. Sections 13 and 14 are about the rights of adoptive parents. Section 15 is an important safeguard to make sure that no one can ever cancel a valid adoption, ensuring the child’s security forever. Section 16 creates legal presumption of the registered adoption documents, proving it is a formal legal relationship.
Case Law: Pawan Kumar Pathak v. Mohan Prasad (2016) – The Supreme Court clarified that an adopted child has equal rights to property and inheritance as a biological child under Section 12.
Adoption under Juvenile Justice Act
Another way to adopt a child is the Juvenile Justice (JJ) Act, 2015. It is primarily concerned with the placement of orphaned, abandoned and surrendered children and seeks to provide a safe and loving family environment.
Adoption Section 56 is used for the rehabilitation and social integration of children. The Act also provides for adoption regardless of religion. However, adoption under HAMA is segregated from JJ Act. Section 57 provides the basic eligibility conditions for adoptive parents and Section 58 describes the process of adoption for eligible Indian parents. The Adoption Regulations, 2022 also lay down the rules and procedures for adoption.
Case Law: Laxmi Kant Pandey v. Union of India (1984) – The Supreme Court set strict guidelines for domestic and international adoptions to protect child welfare, which led to the creation of CARA.
Challenges in Creating a Uniform Framework
The first big problem is the fact that there are different legal structures. HAMA is only for certain religions, the JJ Act is a secular method of adoption. Ordinary people are confused by two parallel systems with different rules. Another challenge is the religious and cultural diversity of India. A uniform framework needs to be built up which requires a delicate balancing between constitutional equality and the traditional personal laws. The last challenge is to put children’s well-being first. Adoption is about the long term safety, education and emotional development of the child not the wishes of the adults.
Case Law: Hamsaanandini Nanduri v Union of India (2026) – The SC ruled that adoptive mothers are entitled to the same 12-week maternity benefit to ensure uniform welfare.
Conclusion
Adoption law in India has gone through different legal framework such as Hindu Adoptions and Maintenance Act, 1956 and Juvenile Justice Act, 2015. HAMA lays down detailed rules regarding capacity to adopt, persons who can give a child in adoption, eligibility of the child, conditions of valid adoption and the effects of adoption. The JJ Act envisages a separate secular framework for specified categories of children. Hence, designing a standard adoption framework is a difficult task. It has got to be a balance between legal clarity, equality, personal law and child welfare. Future development of adoption law should aim to protect the rights and best interests of children and to make the legal process clearer, more accessible and consistent.
References / Citations
1. The Hindu Adoptions and Maintenance Act, 1956 (Sections 5–18).
2. The Juvenile Justice (Care and Protection of Children) Act, 2015.
3. Central Adoption Resource Authority (CARA), Adoption Regulations, 2022.
4. The Constitution of India, Article 14 and Article 44.
5. Shabnam Hashmi v. Union of India, (2014) 4 SCC 1.
6. Pawan Kumar Pathak v. Mohan Prasad, (2016) 12 SCC 634.
7. Laxmi Kant Pandey v. Union of India, (1984) 2 SCC 244.