Corporate Services Contact Us

Our Adoption Law Services across India

Our adoption lawyers are dedicated to ensuring the interests of the child are well preserved throughout the entire adoption process. With considerable experience in dealing with cases related to adoption in India, we walk the intending parents through the entire process related to adoption.

Legal Consultation & Advisory
  • Initial legal consultation and case assessment
  • Legal opinions and rights-based advisory
  • Strategy planning and risk evaluation
Legal Documentation & Drafting
  • Drafting and vetting of legal documents
  • Preparation of affidavits, applications, and petitions
  • Drafting and review of legal notices and replies
Case Filing & Court Procedures
  • Filing of cases, suits, petitions, and complaints
  • Assistance with court procedures and compliance
  • Execution and enforcement of court orders
Litigation & Court Representation
  • Representation before district courts, tribunals, and High Courts
  • Trial advocacy and argument drafting
  • Appeals, revisions, and review petitions
Mediation, Arbitration & Dispute Resolution
  • Mediation and negotiation support
  • Arbitration proceedings and enforcement of awards
  • Out-of-court settlement assistance
Regulatory & Authority Representation
  • Representation before government authorities and regulators
  • Responding to notices, inquiries, and summons
  • Compliance and licensing support
Documentation Review & Due Diligence
  • Verification and review of legal documents
  • Due diligence of processes
  • Risk assessment and compliance checks
Compliance & Legal Support Services
  • Ongoing legal compliance advisory
  • Policy drafting and internal legal audits
  • Corporate and statutory compliance support
Legal Research & Case Preparation
  • Legal research and case law analysis
  • Evidence review and documentation support
  • Preparation of written submissions and briefs
Settlement, Closure & Post-Case Support
  • Settlement documentation and execution
  • Case closure assistance and follow-ups
  • Post-judgment advisory and compliance guidance

How We Work

vidhikarya calendar icon1
Appointment
Fix up an appointment with the advocate for a detailed discussion on your matter.
vidhikarya strategic planning icon2
Strategic Planning
Advocate strategizes and plans the required legal action for your matter. Get expert legal guidance.
vidhikarya execution icon3
Execution
Advocate executes the legal action required on your matter along with association of expert pool of lawyers.
dedicated case manager support

Dedicated Case Manager Support Available From 10 am to 7 pm

Dedicated Case Manager Support Available
From 10 am to 7 pm

We handle Adoption cases in following courts in India

  • courtKarnataka High Court
  • courtMadras High Court
  • courtDelhi High Court
  • courtDelhi High Court
  • courtBombay High Court
  • courtHyderabad High Court
  • courtPunjab & Haryana High Court

Get in Touch

phone

Phone Consultation

Quick legal guidance over a secure phone call.

video

Video Consultation

Face-to-face legal consultation from anywhere.

email

Email Consultation

Send documents and get written legal advice.

in-persion

In-Person Meeting

Detailed consultation at our office.

Our Experts

Frequently Asked Questions

What is the role of an adoption lawyer?

A lawyer who specialises in adoption takes families through all the necessary legal steps for adoption.

Is it necessary to get a lawyer when adopting a child?

Yes, a lawyer helps with the legal paperwork, takes care of legal procedures and makes sure the adoption is valid.

What kinds of adoption cases can be managed by a lawyer?

They are involved in domestic, international, stepparent, relative, foster care and private adoptions.

How much time does it take for adoption to be completed in the court?

Adoption timelines are not the same and may require a few months or even a year, varying by the situation.

Is it possible for an adoption lawyer to handle international adoption?

They can help you understand international laws, rules for immigration and how to adopt from another country.

What papers or documents are required for the adoption process?

Documents might consist of consent documents, background investigations, home study reports and final court orders.

What does a home study involve, and does it have to be done?

A home study requires an assessment of your home and family, and it is necessary for most adoptions.

Can the birth parents decide against the adoption after having agreed to it?

There may be a certain period for birth parents to change their minds and withdraw their consent, as determined by the law.

What expenses can you expect when you hire an adoption lawyer?

Adoption costs depend on the case and type of adoption, yet your attorney can tell you the charges upfront.

Is the adoption process kept private?

Generally, the adoption process and information are handled discreetly and kept private.

CONTACT USVidhikarya Contact Us

Contact Information

Vidhikarya Contact Icon
Call Us

7604047601 / 7604047602 / 9831397506 / 8100091175

GET IN TOUCH

Have Question?

Submit your details below, our expert legal team will check and get back to you

Adoption in India

Planning for a loving family through adoption? India presents a beautiful prospect of parenthood but that requires the rightful legal ways that govern it. Adoption in India is a way of becoming parents for eligible candidates who want to adopt a child. The adoption process is maintained by the Central Adoption Resource Authority (CARA) for ethical and legal purposes only. The adoption process is regulated by both secular and personal laws such as the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021), and the Hindu Adoption and Maintenance Act (HAMA) of 1956. If you want to adopt you have to go through CARA and pass all their requirements to be able to adopt. This also involves tests such as marital status, health, and a check of the applicant’s criminal record.   

Here is the detailed information:

Adoption under Hindu Adoption and Maintenance Act (HAMA) of 1956

If one belongs to the Hindu, Buddhist, Jain, or Sikh community the Hindu Adoption and Maintenance Act (HAMA) of 1956 could be the way. Compared to the other available adoption procedures in India, it is relatively convenient. 

Under HAMA, who can adopt? 

Who can be adopted? 

What's the process of adoption under HAMA?

Here's a step-by-step guide: 

Things to Consider Before You Start: 

Always bear in mind that adoption is the creation of a family. It can be a must-go, however, knowing the advantages and disadvantages of the HAMA is a must. Speaking to a lawyer also helps you not to rush into making the decision, instead, get all the information that you need so that you can make the right decision for you. You can also opt for Vidhikarya for adoption lawyers

Adoption under the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021)

The Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 with further amendments in 2021 also provides a proper procedure of in-country adoption in India. This act is especially beneficial if you:

Who can adopt under the JJ Act?

General Eligibility Requirements:

The Adoption Process under JJ Act: Step-by-Step

  1. Registration with CARA (Central Adoption Resource Authority):
    • Online or Offline: You can register online on the CARA website (https://cara.wcd.gov.in/) or contact a Specialized Adoption Agency (SAA) authorized by CARA.
    • Information Sharing: Provide details about yourself, including:
      • Marital status, age, and occupation.
      • Financial situation and living arrangements.
      • Experience with children (if any).
      • Medical history.
      • Desired child characteristics (age range, gender, etc.).
  2. Home Study:

    • Social Worker Visit: A social worker from the SAA will visit your home to assess your suitability as adoptive parents. This evaluation considers:
      • The safety and adequacy of your home environment.
      • Your financial stability to provide for the child's needs.
      • Your emotional readiness and parenting skills.
      • Your motivation for adoption and support network.
    • Report Generation: The social worker prepares a detailed report on their findings, which is crucial for the adoption process.
  3. Matching and Counselling:

    • Matching by CARA: With the given data about you and your preferences as well as the details about the child, CARA helps to select the proper child. This child will be among the children that have been declared legally free for adoption, listed in the child adoption resource agency also known as CARA child adoption pool.
    • Pre-adoption Counselling: The two of you will receive pre-adoption counseling, but if the child is of appropriate age they will be included. It prepares the individuals concerned for the emotional and social changes that are expected shortly after adoption. It includes the freedom and latitude in sessions for topics that can comprise setting the context of expectations, developing a positive and special relationship with the child, or handling any issues.
  4. Court Order:

    • Petition Filing: After the matching and counseling, you will prepare a petition under the court, which has jurisdiction over adoption matters.
    • Court Hearing: The court will rely on the case file that comprises the home study report, CARA’s recommendation, and other relevant documents. The court can also engage you and the child (where possible) before giving a final judgment of the matter.
    • Adoption Order: In this case, the court grants a final adoption order upon the same approval after the assessments have been completed. This order puts you in the legal capacity as the adoptive parent of the child, with all the parental rights and duties.

Additional Points to Remember:

Adoption as a Single Mother Under the JJ Act

The JJ Act allows single women over 21 years old to adopt. Here's a breakdown of the process specifically for single mothers:

Eligibility:

The Process:

Follow the same steps mentioned earlier for the general JJ Act adoption process. Here's a quick recap:

  1. Registration with CARA
  2. Home Study
  3. Matching and Counselling
  4. Court Order

Additional Tips for Single Mothers:

I’m a single male, can I adopt a girl child?

No, in India, single males are barred from adopting a girl child but a single male citizen of any country where child adoption is permitted can take a girl child for adoption from India. This is according to the guidelines set by the Central Adoption Resource Authority (CARA) which is the nodal agency for adoption in India. The rationale behind this restriction is to avoid any form of exploitation of girl children in the country. Here are some other things to know about adoption in India: 

Can I adopt a child under Muslim personal law?

Muslim law does not recognize conventional adoption. Nonetheless, you can engage in “Kafala” (guardianship), where you take care of the child and feed him/her. The person still has legal custody of the child by his or her birth parents.

What are the key points about Kafala?

What are some limitations of Kafala?

Are there other options for caring for a child?

Yes! You can:

What if I want to adopt a child from another religion (e.g., Hindu)?

HAMA is for Hindus, Buddhists, Jains, and Sikhs for the adoption and maintenance of children. For instance, the Juvenile Justice (Care and Protection of Children) Act (JJ Act) may offer a better solution.

What are the benefits of the JJ Act?

What should I keep in mind before adoption under the JJ Act?

Adoption for NRIs & OCI Card Holders in India

Are you an NRI (Non-Resident Indian) or OCI (Overseas Citizen of India) cardholder considering adoption in India? 

Great news! You can adopt those children who have been abandoned, deprived of parental care, or have been surrendered under the provision of the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021). This guide also sheds a lot of light on NRIs and OCI card holders regarding the eligibility, procedure, and things to consider.

Eligibility Check!

Requirement and standard for adopting children in India for NRI/OCI candidates 

General Eligibility (same as resident Indian parents):  

Ready to Begin? Let's break down the process:

I am an NRI/OCI cardholder and I'm interested in adopting a child in India. What is the maximum age limit for me to adopt?

The age limit for the adoption of a child in India as an NRI/OCI card holder depends on the age of the child as follows: In the case of married people, the numbers can be the ages of the couple, and the husband and wife, their total sum cannot go beyond a certain number. Likewise, single parents also have a certain age bar which should be adhered to. 

Here's a breakdown: 

Important Considerations for NRIs & OCI Card Holders:

In-Country Relative Adoption in India

I want to adopt a relative child in India. What do I need to do?

Here's a simplified guide to get you started:

Inter-Country Relative Adoption in India

I'm an NRI/OCI and want to adopt a relative in India. How do I begin?

The process involves your home country and India. Here's a basic roadmap:

For detailed information and the latest regulations, consult the CARA website or seek legal advice.

https://cara.wcd.gov.in/





Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number