INTRODUCTION
Adoption serves as an essential mechanism for providing children with affection, care, and a stable environment conducive to their overall development and well-being, thereby opening avenues for a secure and hopeful future. In a vast and culturally diverse country such as India, where family structures are closely intertwined with tradition, adoption carries considerable social importance. Nevertheless, the legal framework regulating adoption differs markedly among various religious communities, creating both possibilities and complexities for prospective adoptive parents. While Hindu, Sikh, Buddhist, and Jain communities are governed by a comprehensive statutory regime that formally recognizes adoptive relationships, similar codified adoption laws are absent for Muslim, Christian, and Parsi communities. This absence results in differing interpretations and legal treatment of adoption within these faiths. In Islamic law, the concept of kafala—a system of guardianship—prevails over the institution of formal adoption.1
MEANING AND CONCEPT OF ADOPTION
Adoption has always been viewed as a wonderful opportunity to provide a home for a child and their parents. It provides a great alternative to institutionalization for abandoned, disadvantaged or neglected children in an atmosphere of happiness, love and understanding that only a family can provide.2 A child who is born in a family is legally associated with a person of another family.
Adoption is one of those fictions of law which have marshalled for furtherance of the individual interests. Adoption law permits a childless individual to accept another person’s child as their own, a concept that Hindus recognized at the very early stages of their civilization. Their ideal was not just to have a son but a adopted son must bear a reflection of the natural son. With this refinement, it was natural for them to hold that for all intents and purposes an adopted son was like a natural son.
According to Black’s Law Dictionary: Adoption is a legal process pursuant to state statute in which a child’s legal rights & duties towards his natural parents are terminated & similar rights & duties towards his adoptive parents are substituted. To take into one’s family the child of another & give him or her rights, privileges & duties of a child & heir. The procedure is entirely statutory & has no historical basis in common law. Most adoptions are through agency placement.3
As per Section 2(2) of Juvenile Justice (Care and Protection of Children) Act, 2015: Adoption means the process through which the adopted child is permanently separated from his biological parents & becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to be biological child.4
The Punjab and Haryana High court in Inder Singh v. Kartar Singh,5 has expressed the meaning and purpose of adoption that may be briefly explained in the following words:
Broadly speaking, adoption under Hindu law refers to the legally sanctioned incorporation of a person, who is a stranger by birth, into a family with all the rights and privileges of a natural child. Under this concept, the adopted child is regarded as the offspring of the adoptive father for all purposes recognized by Hindu law. Traditionally, adoption was viewed as the “taking of a son” to compensate for the absence of a male heir. The institution of adoption thus served a dual purpose: first, to ensure the performance of the adopter’s funeral and religious rites; and second, to maintain the continuity of the family lineage. In essence, while the primary objective of adoption under classical Hindu law was to secure spiritual benefit for the adopter, its secondary aim was to provide an heir to carry forward the adopter’s name and heritage.
INTERNATIONAL LEGAL REGIME
So far, the international law is concerned the right to establish and maintain family as well as to adopt children are clearly recognised through the significant global conventions and declarations. Article 16 of the Universal Declaration of Human Rights, 1948, Article 23 of the International Covenant on Civil and Political Rights and Article 10 of the International Covenant on Economic, Social and Cultural Rights confirm the universal human right to marry and form a family. Since, these international instruments highlight the role of family in supporting and maintaining dependent children that implicitly includes adoption of children.
The UN Convention on the Rights of Child is a key and complete international legal framework that recognises basic human rights for all children. Children should be identified and grown up in a family has been acknowledged as fundamental human rights, which is not possible to realize without admitting the fact of adoption. So, this convention promotes rights of children through the various articles.
Article 20 specifically provides that children disconnected from his or her family setting or in cases where that family arrangement proves harmful shall receive state support. It is the obligation of the state to make alternative arrangement and foster care that includes normal adoption, Kafalah under Muslim law while safeguarding the cultural, linguistic, social and religious background of the child to the maximum extent.6
Article 21 provides that: All states shall permit and recognize the process of adoption. Adoption process can be conducted by the competent authority who may allow the adoption. Inter-country adoption will be permitted as an alter form of care only if that care cannot be provided for in the child’s own country. The state must ensure that inter-country adoption does not result in financial gain, and that both national and international adoption is held to the same safeguards and standards.7
The Hague Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption, 19938 has taken place to legalize the four corners of inter-country adoption. The convention covers all inter-country adoptions between countries becoming parties to it, whether those adoptions are purely parent-initiated or arranged by public authorities, adoption agencies or by private providers of adoption services. The Convention sets a framework of internationally agreed minimum norms and procedures that should be complied with, in order to protect the children involved and the interests of their parents and adoptive parents. The preamble of the Convention recognizes that the child, for the full and harmonious development of its personality should grow up in a family environment and that inter-country adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in its state of origin.
PROVISIONS OF ADOPTION UNDER VARIOUS PERSONAL LAWS
Over time, the idea of adoption has experienced significant transformation, evolving from its primary origins present legal structure influenced by historical development and changing social values. Adoption is a noble and lawfully recognised mechanism by which a child is permanently connected and integrated into a family enjoying rights, privileges and status as a natural born child. In India, adoption is not merely a charitable or benevolent act, it is a regulated system framed to safeguard the welfare and best interest of the children particularly orphaned, abandoned and surrendered children.
Adoption under Hindu Law
Section 2 of the Act deals with the application of this Act, the law applies to all who are Hindus by religion, including Buddhists, Jainas and Sikhs. Section 6 of the Hindu Adoption and Maintenance Act, 1956 to Section 11 dealt with capacities of persons who will give and take the child in adoption and other conditions related with adoption. Section 12 talks about the effect of adoption and it provides that, from the date of adoption an adopted child shall be considered a natural child for all purposes and as a necessary consequence his connection with natural family shall be detached and replaced by the adopted family.
Adoption in Islam
In India, personal laws of Muslim do not acknowledge adoption practice under the conventional rule as prevailed in Hindu Legal system. Instead, they follow the custom of guardianship which is commonly known as Kafala. Under the system of Kafala, the custody of a child is given to the guardian though the relationship with the biological family remains sustained and the child also enjoys the rights of inheritance of natural family. The Islamic principles as embodied in the Quran, this system of guardianship is deeply rooted in Islamic social structure that focus the preservation of ancestry based on inheritance rules. Resultantly, the legal system of adoption is not recognised in Islamic Law, that may modify the lineal heirs and affect inheritance rights which hold a fundamental importance in Islamic legal system.
Adoption in Christianity
There is no specific legislation governing adoption under Christian law. Though, in India, Christian community is regulated by the Guardians and wards Act, 1890 for guardianship but the Juvenile Justice (Care and Protection of Children) Act, 2015 now provides a uniform and secular framework for all including Christians to adopt like others and the Central Adoption Resource Authority (CARA) controls the process.
Adoption among Parsi community
The Parsis, who are governed in their personal law by the Parsi Marriage and Divorce Act, 1936 and Part-III of the Indian Succession Act, 1925, have no provision for adoption. There is, however, a customary form of adoption prevalent amongst the Parsis, known as ‘Palak’. Under this custom, the widow of a childless Parsi can adopt a child on the fourth day of her husband’s death, simply for the purpose of performing certain annual religious ceremonies.9
The Parsi Marriage and Divorce Act, 1936, which governs personal laws for Parsis, does not have specific provisions for adoption. Traditionally, Parsis have not focused on formal adoption but have preferred informal guardianship arrangements. The absence of a legal framework has resulted in the reliance on secular statutes such as the Juvenile Justice (Care and Protection of Children) Act, 2015, also known as the JJ Act and The Guardians and Wards Act of 1890, for adoption.
The Guardian and Wards Act, 1890
Personal law of Muslim, Christian, Parsis and Jews do not recognise complete adoption. Except Hindu religion, no other religion has any specific law governing adoption in India and for those people who wish to adopt children they can only get the child through guardianship under the provisions of Guardian and wards Act, 1890.
Juvenile Justice (Care and Protection of Children) Act, 2015
It is an Act to consolidate and amend the law relating to children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the best interest of children and for their rehabilitation. The Act is not only a secular law of adoption, but also the only law of inter-country adoption in India.
Juvenile Justice Model Rules, 2016
Besides the Juvenile Justice (Care and Protection of Children) Act, 2015, Juvenile Justice Model Rules, 2016 have also been framed. Chapter VII of the said rules deals with adoption. Under these rules various provisions such as adoption related reporting, special provisions for protection of adopted children have been incorporated to strengthen the law of adoption.
In order to assist the Act and Rules, the Central Adoption Resource Authority (CARA) is established in India, which is the Government Agency recognized under The Hague Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption, 1993. CARA provides procedural guidelines for carrying out in-country and inter-country adoption in India as well as frames regulations thereof as and when required.
Central Adoption Resource Authority (CARA)
CARA, or the Central Adoption Resource Authority, governs the legal adoption process in India for orphaned, surrendered, or abandoned children. It ensures adoptions prioritize the child’s best interests through a structured, transparent system under the Juvenile Justice Act, 2015. CARA operates as a statutory body under India’s Ministry of Women and Child Development, regulating both in-country and inter-country adoptions in line with the Hague Convention. It primarily facilitates adoptions via Specialized Adoption Agencies (SAAs), State Adoption Resource Agencies (SARAs), and the online CARINGS portal.10 Adoption under CARA legally severs a child’s ties to biological parents, granting full rights, privileges, and responsibilities as a biological child of adoptive parents. It applies only to children declared legally free for adoption by the Child Welfare Committee (CWC), emphasizing no financial gain and priority for domestic placements.
State Adoption Resource Agency (SARA)
State Adoption Resource Agency acts as a nodal body within the State to promote and monitor adoption and non-institutional care in coordination with Central Adoption Resource Authority.
Authorised Foreign Adoption Agency
Authorised Foreign Adoption Agency is recognised as a foreign social or child welfare agency. The Agency is entrusted with duties such as registering the prospective adoptive parents interested to adopt children from India and to complete their Home Study Report expeditiously, issuing No Objection Certificate for the adoption from the Authority, giving orientation to the prospective adoptive parents on culture, language and food of the place to which the adopted child belongs and necessary functions for foreign adoption.
SIGNIFICANT JUDICIAL DECISIONS
Advent of modern times brought a radical change in the concept and aim of adoption under Hindu Law. Nowadays adoption is also taken to be a means to provide consolation and relief to destitute or the orphan child.11 In order to make a valid adoption actual giving and taking of child from natural family to the adoptive family is required. If the parents who claimed that they are biological must establish the fact otherwise the adoption would be invalid as held by the Kerala High Court in Sharanayya v. Shakuntala.12 A valid adoption could only be proved if the alleged adoptive parents acknowledge the fact that the adoption is made complying all necessary formalities.13
The case of Shabnam Hashmi v. Union of India14 presented a significant legal battle that highlighted the unwavering determination of a Muslim woman seeking to adopt a child under the Juvenile Justice (JJ) Act. The Supreme Court carefully considered the balance between personal religious beliefs and the welfare of the child, ultimately ruling that the JJ Act should take precedence over personal laws in matters of adoption. This decision affirmed the right of individuals of the Islamic faith to legally adopt children while upholding the principles of justice and equality enshrined in the Indian constitution. Despite the controversy that arose from the intersection of law and religion, this case stands as a milestone in Indian jurisprudence, emphasizing the importance of inclusivity and compassion in our society. Ultimately, the ruling serves to protect the innocent children who long for a loving and nurturing home.
In Pharez John Abraham vs. Arul Jothi Sivasubramaniam K.15 the Supreme Court acknowledged that Christian law does not prohibit adoption. Unlike Hindu law, there is no express statutory personal law for Christians governing adoption, but absence of prohibition means that adoption is not inherently barred by Christian personal law. This is the leading Supreme Court authority affirming that adoption, while not codified for Christians, is not prohibited and had legal effects of conferring inheritance rights once judicially recognised.
The Kerala High Court ruled in Mary Joseph & Others v. Thomas Joseph & Others16 that legitimate adoptions by Christians under civil law are recognized under Canon Law (the Code of Canons of the Eastern Churches), which means they have both ecclesiastical and legal sanction. The Court stressed that there is no personal adoption legislation for Christians in India, that a legitimate civil adoption must meet civil law requirements, and that religious records such as baptism certificates or long-term affiliation do not prove legal adoption on their own.
In Laxmi Kant Pandey v. Union of India17, the Supreme Court took a pragmatic attitude on the matters of child welfare and trafficking and direction given to the government for taking immediate steps to govern the adoption process. It laid down the outline and structure for the Central Adoption Resource Authority (CARA), which is entrusted with controlling and regulating inter-country adoption and ensuring that adoptions shall be executed for preserving the best interest of the children and there should not be any type of exploitation or abuse at or after the adoption.
In Jehangir Dadabhoy v. Kaikhushru Kavasha18, the court recognized the customary practice of nominating a Palak for religious purposes but clarified that this did not grant the adopted person the status of a legal heir or any civil rights under the Parsi Intestate Succession Act.
Laxmidas Morarji v. Jehangir Dinshaw Bamji19, this case involved a dispute where the Bombay High Court noted that Parsi Law does not recognize adoption for the purpose of succession. The Parsi Panchayat intervened to maintain that a Parsi is not legally competent to adopt a child in a way that overrides the biological family’s inheritance.
Considering the large population of orphaned and abandoned children, adoption rates are disproportionately low
According to UNICEF, there are about 30 million orphaned, abandoned, or surrendered (OAS) children in India. Only a very tiny percentage of these, though, ever make it via the official adoption route.20 As of late 2024, only roughly 2,700–2,800 children were legally eligible for adoption, according to the Central Adoption Resource Authority. This enormous disparity demonstrates that while millions of potential parents are waiting, only a few thousand were able to secure their spot due to systemic registration, sluggish government review, and social hurdles preventing children from being adopted. Even with 4,500 adoptions annually, there are still millions of children in need of homes.21 Over 30,000 families are enrolled as potential parents and have been waiting to adopt for years.
Child Centric Adoption Policy is required
To protect the rights and welfare of vulnerable children while expediting the adoption process for potential parents, India urgently needs a child-centric and welfare-based adoption policy. Currently, thousands of children are left to languish in overcrowded orphanages where emotional neglect and subpar care predominate due to bureaucratic obstacles, drawn-out legal processes, and corruption charges in organisations like CARA. In order to guarantee stable families, a revised policy should put the child’s best interests—evaluating their health, emotional needs, and cultural background—above adult preferences. It should also include quick background checks for adopters, trauma-informed therapy, and post-adoption assistance. India can lower abandonment rates, fight illegal trafficking, and achieve its constitutional obligation under Article 39(f) to protect children of tender age by incorporating digital tracking, interstate coordination, and incentives for single parents or couples from various backgrounds. A truly child-centric approach and welfare-based policy ensure that every child in India, regardless of their background or physical ability, can exercise human right to a safe, nurturing, and permanent family environment.
CONCLUSION
Adoption is a both way system of happiness to a childless couple and an abandoned child. When they meet together, they can create a new happy family. Also, adoption helps single parents to form their family. But, owing to social stigma in Indian society, still large number of persons do not need adopted children in their family. Affluent families prefer surrogacy, IVF or other method to have their children by blood relationship. But such mentality should be changed in order to give a family atmosphere to deserted, abandoned or orphan children, otherwise they could not become a future robust citizen of the country. Again, concrete secular law of adoption is an urgent need of the hour to bring uniformity in the system of adoption throughout the country as well as to implement the fundamental right to adoption under the Indian Constitution.
The laws regarding adoption in India, especially within the Muslim, Christian and Parsi communities, demonstrate a complicated relationship between religious beliefs, cultural practices, and the secular legal system. The lack of clearly defined personal law provisions for adoption within these communities has resulted in legal uncertainties, conflicts with religious principles, and practical difficulties for families looking to adopt. Although the Juvenile Justice (Care and Protection of Children) Act, 2015 provides a secular avenue for adoption, it often clashes with religious beliefs, particularly concerning inheritance, lineage preservation, and community identity. Despite these challenges, the paramount goal must be the welfare and best interests of children. A balanced approach that respects religious diversity while ensuring legal consistency is crucial. Codifying adoption laws specific to each faith, amending the JJ Act to accommodate religious practices, clarifying inheritance rights, and promoting interfaith dialogue can help bridge the gap between personal laws and secular legal standards. Additionally, raising public awareness and educating the judiciary are crucial in fostering a more inclusive legal system that respects cultural sensitivities while safeguarding vulnerable children. In conclusion, addressing the legal complexities in adoption requires a harmonized framework that upholds the rights of children and the religious freedoms of communities. By promoting collaboration among religious leaders, legal experts, and policymakers, India can establish an adoption system that reflects its diverse ethos while ensuring justice, fairness, and compassion for all children, regardless of their religious background. This approach will not only enhance the adoption process but also foster societal harmony and inclusivity.
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Footnotes
1. Mulla on Principles of Mohammedan Law 78 (LexisNexis, 22nd Edition, 2017).
2. P. Deepu, A Critical Study on Adoption Laws in India with Special Reference to Hindus, Doctoral Thesis, University of Mysore, 2020, available at http://hdl.handle.net/10603/355408 (last visited on 27th June, 2025).
3. Garner A. Bryan, Black’s Law Dictionary 50 (Thomson Reuters West, USA, 1999).
4. C. P. Veena, Law relating to Juvenile Justice (Care & Protection of Children) Act, 2015 74 (C. Jamman Das & Co, Educational & Law Publishers, Mumbai, 2017).
5. AIR 1966 Punj. 258.
6. K. C. Joshi, International Law and Human Rights 507 (Eastern Book Company, Lucknow, 2016).
7. Dr. H. O. Agarwala, Human Rights 123-124 (Central Law Publication, Allahabad, 2016).
8. Protection of Children and Co-operation in Respect of Intercountry Adoption, HCCH, available at https://www.hcch.net/en/instruments/conventions/full-text/?cid=69 (last visited on January 15, 2026).
9. Kusum, Family Law Lectures, Family Law-I, 267 (LexisNexis Butterworths, New Delhi, 2003).
10. Understanding the Adoption Process in India: A Guide to CARA, Bharat for Life, available at https://www.linkedin.com/pulse/understanding-adoption-process-india-guide-cara-bharat-for-life-js6lf/ (last visited on January 25, 2026).
11. Devgonda R. Patil v. Shamgonda R. Patil, AIR 1992 Bom. 13.
12. 2020 Ker. 168.
13. Bhim Singh v. Sunita Devi, 2020 Jhar 118.
14. Shabnam Hashmi v. Union of India (2014) 4 SCC 1, p. 4.
15. AIR 2019 SC 4235.
16. [RFA 166 of 2008, 2025 Live Law (Ker) 199] online available at https://thelegalaffair.com/news/kerala-high-court-affirms-that-canon-law-recognizes-valid-civil-adoptions-for-christians/ (Last visited on Jan. 25, 2026).
17. 1984 AIR 469.
18. (1914) 16 Bom LR 478.
19. 1998 (1) Bom. C.R. 712.
20. Why India’s Orphaned Children Aren’t Making It to Adoption, Snehal Srivastava, available at https://www.outlookindia.com/national/why-indias-orphaned-children-arent-making-it-to-adoption?utm_source=chatgpt.com (last visited on January 25, 2026).
21. Ibid