Legal heir

Dear Client,
Your query lacks information. In the query, you neither mention the age of the child to be adopted nor the age of the adoptive parents. However, be informed that only a person under 18 years of age can be legally adopted in India. The maximum age for a single parent to adopt is 55 years, and the maximum composite age for a couple is 110 years. According to Section 4(a) of the Hindu Adoption and Maintenance Act,1956, the age of majority is 18, but if a person is under the care of a guardian, the age of majority increases to 21 years. However, for a valid adoption, the ceremony of give and take is equally important and must be proven to have occurred in the presence of witnesses. Even if there is no registered document or deed of adoption to show that adoption has taken place, but there are witnesses to prove that the adoption ceremony took place, then it's a valid adoption. If such a ceremony for adoption was held in your case, then such adoption is a valid adoption if it is supported by academic records and an Aadhaar card/PAN/Voter ID/Driving License, etc, showing the name of the adoptive father. However, if you consider for fresh adoption of the child, then be informed that as per the Adoption Regulations, 2022, all the Adoption Orders issued by the Courts are now replaced by Adoption Orders issued by the District Magistrate, as per the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. A child eligible for adoption as per Regulation 4 is namely, (a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee; (b) a child of a relative defined under clause (52) of section 2; (c) child or children of the spouse from an earlier marriage, surrendered by the biological parents for adoption by the step-parent. The adoption process is carried out by the Central Adoption Resource Authority (CARA) following the Juvenile Justice Act 2015 (as amended 2021) and the Adoption Regulations 2022. It is recommended to consult with an experienced Advocate for tailored advice and steps.