Abstract
Adoption is an important child welfare system that aims to give every child a safe, stable, and nurturing family. Adoption in India has grown from the Hindu Adoptions and Maintenance Act, 1956 based on religious practice to a secular, child-centric approach as per Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations framed by the Central Adoption Resource Authority (CARA). Yet, there is much more to do in terms of time and inclusiveness in ensuring timely and inclusive adoption. There remains a significant disparity between number of prospective adoptive parents registered and the number of children legally available for adoption, with nearly 30,000 prospective adoptive parents registered compared to 2,000–2,500 children, as of 2024[1], and delays in declaring a child legally free for adoption, the protracted nature of the procedures and social stigma remain obstacles for the realization of the right to family life.
The guiding principle of the constitutional provisions made under Article 14, 15 and 21 along with the Convention on the Rights of the Child, 1989 under the United Nations is that the welfare and interests of the child should have the primary focus in all adoption decisions. However, the right to adoption was extended beyond personal laws through judicial decisions, such as Laxmi Kant Pandey v Union of India which introduced guidelines for preventing child trafficking and rules for inter-country adoptions. More recently, in Shabnam Hashmi v Union of India, the court ruled that the Juvenile Justice Act created a secular right to adoption, regardless of religion.
This article takes a critical look at the development of adoption laws in India, its constitutional and statutory recognition, recent trends in the Judiciary and the difficulties faced by the adoption process. It also assesses current issues like single-parent adoption, the rights of LGBTQ+ families, inter-country adoption and the right to identity for the child. The article is based on the idea that the aspects of the law that are procedural should be taken over by comparative approaches and international child rights standards and that adoption law should become truly child-centred, and based on equality, dignity and social justice. It ends with a set of recommendations for legal and institutional changes for a simplified adoption process, more robust support for children after adoption, broader adoption of inclusive norms and better opportunities for all children to develop in a permanent family.
Keywords: Adoption Law, Child Rights, Best Interests of the Child, CARA.
- Introduction
Adoption is a legal process in which a child is transferred from the care of their biological parents/guardians to the care of adoptive parents, making them legally adoptive parents. It confers the same legal status, rights and responsibilities on the adopted child as a biological child. In this sense, adoption is not just a private contract made between adults, but an institution of law created to ensure the welfare, protection, and development of children who have lost their parents, been abandoned, or surrendered for adoption, or for other reasons find themselves in need of care.
Adoption is important because it offers a child a stable family life. Emotion security, identity, education, social belonging and long-term care are provided by a family. While institutional care may offer temporary safety, it cannot replace the emotional and developmental nurturing that parents can bring to their children. It is for this reason that it is important to speak of adoption in terms of child welfare and not just as a way for the adult to experience the experience of parenthood.
Indian adoption law has come a long way from an adult-centric approach to a child-centric approach. Adoption was in the past associated with lineage, inheritance, religious obligations and family continuity. But contemporary child rights thinking calls for the best interests of the child to be the primary principle underlying all adoption cases. The Juvenile Justice framework and CARA regulations show a change in focus, specifically towards rehabilitation, legal protection and the welfare of the child in need of care and protection.[2]
Although the law has changed, there are still grave problems. Socio-economic factors, such as delays in the mandatory legal pronouncement of free adoptions, lengthy documentation, eligibility requirements, institutional waiting lists and stigma, all contribute to the fact that children often do not get to be part of a permanent family. Adopting children with disabilities, older children and sibling groups is even more challenging. The question, thus, that arises in this research is whether the Indian adoption law successfully guarantees the right to family life, dignity, identity and social inclusion of the child?[3]
[1] Central Adoption Resource Authority (CARA), Annual Report 2023–24https://cara.wcd.gov.in accessed 22 June 2026.
[2]Mujiono Mujiono and others, ‘Juvenile Justice Reform and the Principle of Best Interests of the Child: A Global Legal Perspective’ (2025) 4 RIGGS Journal of Artificial Intelligence and Digital Business 5963.
[3]Anamika Singh, ‘A Study on Socio-Legal Aspects of Adoption in India’ (2025) 6 Journal of international commercial law and technology 1470.