Understanding The Hindu Adoption Process In India

Adoption is a profound act of love and responsibility, offering children a chance at a nurturing family and giving parents the joy of raising a child. In India, adoption is governed by multiple legal frameworks depending on the religion of the adoptive parents. For Hindus, the process is primarily regulated by the Hindu Adoption and Maintenance Act (HAMA), 1956, which outlines specific conditions and procedures for adopting a child. This article delves into the intricacies of the Hindu adoption process, its legal foundations, eligibility criteria, procedural steps, and the evolving landscape of adoption in India.

Legal Framework: Hindu Adoption and Maintenance Act (HAMA), 1956

HAMA applies to Hindus, Buddhists, Jains, and Sikhs. It provides a legal framework for adoption that is distinct from the secular Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which applies to all Indian citizens regardless of religion and is administered by the Central Adoption Resource Authority (CARA).

Under HAMA, adoption is a personal law matter, and the process is relatively simpler compared to the JJ Act. However, it is limited to the adoption of children who are Hindu and does not involve institutionalised adoption through recognised agencies.

Eligibility Criteria for Adoptive Parents

To adopt under HAMA, the prospective adoptive parents must meet the following conditions:

• Religion: The adopter must be a Hindu, Buddhist, Jain, or Sikh.

Age and Marital Status:

• • A male Hindu can adopt if he is of sound mind and not a minor. If married, he must obtain the consent of his wife unless she is incapable of giving consent due to mental illness or has renounced the world.
  • A female Hindu can adopt only if she is unmarried, divorced, or widowed. A married Hindu woman cannot adopt independently.

Capacity to Adopt: The adopter must not have a child of the same gender as the one being adopted. For example, a male child cannot be adopted if the adopter already has children.

• The child to be adopted must have a biological or adopted sibling.

the following conditions:

• Must be a Hindu.
• Must be unmarried.
• Must be below 15 years of age, unless there is a custom or usage applicable to the adopter that permits the adoption of older children.
• Must not have been previously adopted.

Legal Requirements and Effects of Adoption

Once the adoption is legally completed under HAMA:

• The adopted child is deemed the legitimate child of the adoptive parents.
• The child acquires all rights of inheritance and succession.
• The biological ties with the birth parents are severed.

A formal adoption deed is executed and registered, which serves as legal proof of adoption. Unlike the JJ Act, HAMA does not require a court order for adoption, making it a quicker process, though it lacks the institutional safeguards of agency-based adoption.

Step-by-Step Process Under HAMA

Here’s a simplified breakdown of the Hindu adoption process:

Verification of Eligibility

Prospective adoptive parents must ensure they meet the criteria under HAMA. Legal consultation is recommended. ed to confirm compliance.

• Identification of the Child

The child must be Hindu and meet the age and marital status requirements. Often, adoption under HAMA occurs within families or communities, such as relatives adopting orphaned children.

• Consent from Necessary Parties

• A married man must obtain his wife’s consent.
• If the child has a guardian, their consent is required.

• . Execution of the Adoption Deed

A formal adoption deed is drafted, stating the intent to adopt, details of the child and adoptive parents, and compliance with HAMA provisions. This deed must be signed by both parties and registered with the Sub-Registrar.

• Registration of Adoption

The registered deed serves as legal proof of adoption. No court order is required under HAMA, although some families may seek judicial validation for added legal security.

Comparison with the JJ Act and the CARA Process

While HAMA is a personal law, the JJ Act provides a more structured and regulated adoption process through CARA. Here’s how they differ:

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Challenges in Adoption Under HAMA

Despite its simplicity, HAMA adoption faces several challenges:

• Lack of Institutional Support: No involvement of adoption agencies means fewer safeguards for child welfare.
• Gender Restrictions: The law prohibits the adoption of a child of the same gender if one already exists in the family.
• Limited Scope: Only Hindu children can be adopted, excluding children from other religions.
• Legal Ambiguities: In cases of dispute, courts may scrutinise the adoption deed and circumstances, leading to delays.

Recent Developments and Reform

India’s adoption landscape is evolving. The Adoption Regulations 2022, under the JJ Act, have streamlined the CARA process, emphasising transparency, child welfare, and post-adoption monitoring1. While HAMA remains unchanged, there is growing advocacy for harmonising personal laws with secular frameworks to ensure uniformity and child protection.

In 2025, CARA temporarily suspended some services due to portal upgrades, highlighting the importance of digital infrastructure in modern adoption processes.

Case Studies and Judicial Insights

Indian courts have played a pivotal role in interpreting adoption laws:

• In Smt. Githa Hariharan v. Reserve Bank of India, the Supreme Court emphasised gender equality in guardianship, indirectly influencing adoption norms.
• In Lakshmi Kant Pandey v. Union of India, the court laid down guidelines for inter-country adoption, stressing child welfare and ethical practices.

These cases underscore the judiciary’s role in balancing personal laws with constitutional values.

Conclusion: A Path to Parenthood

Adoption under HAMA offers a relatively straightforward route for Hindu families to welcome a child into their lives. However, it comes with limitations that may not suit every situation. For those seeking a more regulated and inclusive process, the JJ Act and CARA provide a robust alternative.

Ultimately, adoption is not just a legal transaction—it’s a lifelong commitment to nurture, protect, and love a child. Whether through HAMA or CARA, the goal remains the same: to build families and transform lives.