Adopting a child is a deeply emotional decision. It’s a compassionate act driven by a desire to both provide love, security, and family to a child, and fulfil the emotional human need to be called parents. Shefali Jariwala, Indian actress who died late on June 27 night, also wanted to take the adoption path to become a mother, she had said in an interview in 2020. However, her desire remained unfulfilled.
The adoption process in India is often criticised because it ends up catching the noble cause in a web of red tape, legal ambiguities, and systemic inefficiencies. In fact, even the Supreme Court had flagged the procedural delays, with then Chief Justice of India DY Chandrachud in 2023 questioning the slow pace of work on part of the Central Adoption Resource Authority (CARA), which is a statutory body functioning under the Union Ministry of Women & Child Development.
“Why are they (Central Adoption Resource Authority) stalling adoptions? Hundreds of children are awaiting adoption in the hope of a better life,” he had said.
There are said to be nearly 3 crore orphaned and abandoned children in India, according to different sources and estimates, but only around 4,000 are available for legal adoption each year, with over 30,000 prospective parents waiting in queue, mostly for over three years.
The Centre, however, said earlier this year as many as 4,515 adoptions 3,950 domestic and 565 international were recorded in India during 2024-25, calling it a significant milestone because this is the highest figure in the last 12 years.
ALSO READ: Shefali Jariwala Death: Why Are Women In Their 40s At Higher Risk Of Heart Attacks?
Legal Landscape Of Adoptions In India
The adoption framework in India is governed by two main legislations- the Hindu Adoption and Maintenance Act (HAMA), 1956, which applies to Hindus, Jains, Sikhs, and Buddhists; and the Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015, which is applicable to all, including Christians, Muslims, Parsis, and foreigners.
CARA is the nodal authority that oversees the adoption of “orphaned, abandoned, and surrendered” children under the JJ Act. It functions through a network of recognised Specialised Adoption Agencies (SAAs).
ALSO READ: Shefali Jariwala Dies at 42: Did You Know Actor’s Real Age In ‘Kaanta Laga’?
Who Can Do Adoption?
As per CARA’s Regulation 5, the eligibility criteria for adoptive parents are:
- Age: Composite age of adoptive couple and single parent age limits vary based on the age of the child. To adopt a child aged up to 2 years, the maximum composite age of the prospective adoptive parents must be 85 years, and the maximum age of single prospective adoptive parent must not exceed 40 years.For a child aged above 2 and upto 4 years, the respective age criteria are 90 years and 45 years, while that for children above 4 and upto 8 years of age are 100 years and 50 years. To adopt children aged 8+ and upto 18 years, a couple’s maximum composite age should be 110 years, and that for a single parent must be 55 years.
- Marital status: Married couples with minimum two years of stable marriage can adopt a child in India. While single women can adopt a child of any gender, single men cannot adopt girls.
- Health: The adoptive parents must be physically, mentally, and emotionally fit, and financially capable.
- Criminal record: No history of child rights violation or serious criminal offence.
- Minimum age gap: There must be a gap of 25 years between the child and either of the adoptive parents.
- Couples with two or more children are eligible only for special needs or hard-to-place children, unless it’s a step-child or relative’s child.
Step-By-Step Adoption Process
The adoption process in India is completely online through the Child Adoption Resource Information and Guidance System (CARINGS) portal. “There is no scope to register illegal adoptions through the CARINGS portal,” Minister of State for Women and Child Development Savitri Thakur told the Rajya Sabha earlier this year. Here is the process that is followed:
1. Prospective parents must register on CARA’s CARINGS portal and submit personal and employment details.
2. Upload required documents such as income proof, ID, marriage certificate, and medical reports. An acknowledgment slip is issued.
3. A social worker from a specialised adoption agency (SAA) will then visit the home to assess the family’s readiness for adoption, and submit a home study report.
4. If approved, the parents’ seniority is updated. If rejected, reasons are listed on CARINGS, and the decision can be appealed in the Children’s Court.
5. Based on seniority, up to three children are referred. Parents must reserve one child within 48 hours.
6. Within ten days of selection, the child is placed in foster care. An undertaking is signed.
7. The SAA files for an adoption order before the District Magistrate (post-2021 amendment). The child’s new birth certificate can then be issued.
8. For two years, the SAA submits biannual reports and offers counselling, if needed.
ALSO READ: Shefali Jariwala Death: 5 Bigg Boss Contestants Who Tragically Died Young
Hiccups In The Adoption System In India
There are clear guidelines in place, but real-world adoption in India is riddled with challenges. The waiting time is long, despite a high number of orphan children in need of a home. Prospective parents often complain of systemic delays, which the Supreme Court and other courts of India have also taken cognisance of.
In April 2005, the Centre told the Rajya Sabha that over 30,000 Indian parents are waiting for adoption, according to the CARINGS portal. The Bombay High Court took a suo motu cognisance the next month of a media report about how prospective parents have to wait for three and a half years on an average to adopt a child.
Parents preferring infants and younger children is also a reason for a high number of older children remaining unplaced.
Legal experts allege judicial backlog too. Though the 2021 JJ Act amendment empowered district magistrates to issue adoption orders instead of courts, pending court cases were not transitioned, defeating the purpose of expediting the process.
Prospective parents also allege bias, opaque processes, and preferential treatment by agencies.
Illegal adoptions have been cited as another reason for fewer number of documented adoptions. It has been found that many couples bypass the system through unregistered shelters. A 2022 parliamentary panel had warned about illegal adoptions and trafficking, citing a decline in legal adoptions.
To make the adoption procedure more effective, experts suggest time-bound implementation of the processes, digital streamlining and tracking of cases, awareness and incentives for adopting older or special needs children, stringent monitoring to eliminate illegal adoptions, and more legal clarity on succession and inheritance rights of adopted children.
Sofia Babu Chacko is a journalist with over five years of experience covering Indian politics, crime, human rights, gender issues, and stories about marginalized communities. She believes that every voice matters, and journalism has a vital role to play in amplifying those voices. Sofia is committed to creating impact and shedding light on stories that truly matter. Beyond her work in the newsroom, she is also a music enthusiast who enjoys singing.
