Adoption is the legal process by which a person takes another person's child as their own, creating a parent-child relationship with the same rights and obligations as a biological relationship. Under Indian law, adoption is primarily governed by two statutes: the Hindu Adoptions and Maintenance Act, 1956 (HAMA) for Hindus, and the Juvenile Justice (Care and Protection of Children) Act, 2015 for all persons irrespective of religion.
Legal definition
The Hindu Adoptions and Maintenance Act, 1956 governs adoption among Hindus (including Buddhists, Jains, and Sikhs). Section 5 provides:
No adoption shall be valid unless— (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
Section 6 specifies that the person adopted must be a Hindu, must not have been already adopted, must not have been married (unless custom permits), and must be under fifteen years of age (unless custom permits adoption of an older person).
Section 7 provides that a male Hindu can adopt if he is of sound mind, is not a minor, and — if he has a living wife — obtains her consent. Section 8 provides that a female Hindu can adopt if she is of sound mind, is not a minor, and is not married (or if married, the marriage has been dissolved, or the husband is dead, or has renounced the world, or is of unsound mind).
The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a secular framework for adoption, available to persons of all religions, including Muslims, Christians, and Parsis who have no personal law of adoption. Adoption under the JJ Act is regulated by the Central Adoption Resource Authority (CARA).
How courts have interpreted this term
Shabnam Hashmi v. Union of India [(2014) 4 SCC 1]
The Supreme Court held that the Juvenile Justice Act provides a secular and optional mechanism for adoption available to persons of all religions, including Muslims. The Court held that since Muslim personal law does not recognise adoption (only the concept of kafala, or guardianship), the JJ Act provides Muslim families with a legal route to adopt children with full parental rights. The Court clarified that the JJ Act does not override personal law but provides an additional option.
Lakshmi Kant Pandey v. Union of India [(1984) 2 SCC 244]
The Supreme Court laid down comprehensive guidelines for inter-country adoption, holding that adoption must be guided by the welfare principle — the best interests of the child must be the paramount consideration. The Court directed the establishment of a regulatory framework for adoption agencies and prescribed safeguards against trafficking and exploitation.
Brijendra Singh v. State of Rajasthan [(2017) SCC OnLine Raj 2389]
The Rajasthan High Court held that an adoption under HAMA must comply strictly with the statutory requirements — the giving and taking of the child in adoption (the ceremony of dattaka) is essential for a valid adoption. A mere declaration of intention to adopt, without the physical act of giving and taking, does not create a valid adoption.
Why this matters
Adoption creates an irrevocable parent-child relationship with all the legal consequences of biological parenthood — including inheritance rights, the obligation of maintenance, and custody rights. Under HAMA, an adopted child is deemed to be the child of the adoptive parent from the date of adoption, with all the rights of a natural-born child.
The dual framework of HAMA and the JJ Act creates distinct pathways depending on the religion of the adopting parent. Hindus may adopt under HAMA (which permits direct adoption between families) or under the JJ Act (which involves CARA and a regulated process). Non-Hindus can adopt only under the JJ Act. Muslims, Christians, and Parsis who previously had no route to legal adoption can now adopt under the JJ Act following the Shabnam Hashmi ruling.
For practitioners, the key distinction between HAMA and JJ Act adoption lies in the process and oversight. HAMA adoption can be effected directly between the biological and adoptive parents, with minimal state involvement. JJ Act adoption requires registration with CARA, a home study report, and judicial approval. The JJ Act also provides stronger safeguards against trafficking and ensures that the biological parents' consent is informed and voluntary.
Related terms
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Frequently asked questions
Can Muslims adopt children in India?
Yes. While Muslim personal law does not recognise the concept of adoption (only kafala or guardianship), the Supreme Court in Shabnam Hashmi v. Union of India (2014) held that Muslims can adopt children under the Juvenile Justice Act, 2015, which provides a secular adoption framework available to persons of all religions.
What is the difference between adoption under HAMA and the Juvenile Justice Act?
HAMA permits adoption among Hindus through a direct process between the biological and adoptive parents. The JJ Act provides a regulated process through CARA, applicable to all religions, with mandatory home studies, judicial approval, and stronger safeguards. Under HAMA, the adopted child must be Hindu and under 15. The JJ Act regulates adoption of all children, including orphans and abandoned children.
Does an adopted child have the same inheritance rights as a biological child?
Yes. Under Section 12 of HAMA, an adopted child is deemed to be the child of the adoptive parent from the date of adoption and has the same rights as a natural-born child, including inheritance rights. The adopted child ceases to be the child of the biological parents for purposes of inheritance from the date of adoption.
Can a single person adopt a child in India?
Yes. Both HAMA and the JJ Act permit single persons to adopt, subject to conditions. Under HAMA, an unmarried female Hindu can adopt. Under the JJ Act, a single person of any religion may adopt, though a single male cannot adopt a girl child. There is no bar on single mothers adopting children of either sex.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.