Child adoption is seen as an increasing trend in India and across the world. Most adoptions are either because the parents are not able to have their own kids or because they want to support and give a new lease of life to a child who has been left alone in the world. Earlier considered a taboo in India, adoption is now considered and spoken about freely in the Indian society In India, as across many other countries of the World, there are rules and regulations which govern the adoption of a child.
Adoption law in India is in conjunction with the personal laws of individual religion and therefore, adoption is not allowed as per the personal laws of Muslims, Christians, Parsis and Jews in the country. However, an adoption can be made from an orphanage under the Guardians and Wards Act, 1890, subject to court’s approval. In this case, the adoptive couple are guardians and not parents of the adopted child. Under this Act, Christians can adopt a child only under foster care and the foster child is free to break away all relations from the guardians on becoming a major.
Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills.
Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.
Currently, there is no specific law that governs adoption of kids in India by foreign nationals or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015. In the absence of any concrete Act for intercountry adoption, the procedures laid down by the Guardians and Wards Act, 1890 are followed.