How does adoption work under the Juvenile Justice Act 2015 and CARA procedure?

Question

I am not Hindu and want to adopt a child through the formal government process. How does adoption under the Juvenile Justice Act and CARA work? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How does adoption work under the Juvenile Justice Act 2015 and CARA procedure? is governed in India primarily by Juvenile Justice (Care and Protection of Children) Act 2015, Section 56, Juvenile Justice (Care and Protection of Children) Act 2015, Section 63 and Adoption Regulations 2022. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 56 of the Juvenile Justice Act 2015 provides that adoption of an orphan, abandoned or surrendered child shall be regulated in the manner prescribed by the Central Adoption Resource Authority, known as CARA.

Section 63 lays down the procedure for inter-country adoption and requires that such adoptions be routed through CARA-recognised agencies to prevent trafficking.

All prospective adoptive parents, regardless of religion, must register on the CARA CARINGS portal, undergo a home study report and be matched with a legally free child through the specialised adoption agency.

The 2022 Adoption Regulations empower the District Magistrate to issue the final adoption order instead of courts, aiming to speed up the process while retaining judicial oversight through appeal to the Divisional Commissioner.

This route is mandatory for non-Hindus and for anyone adopting a child who is not a relative, whereas relative adoptions and Hindu adoptions under personal law can follow a simpler process.

What to do next: 1) Register as a prospective adoptive parent on the CARA CARINGS online portal; 2) Complete the home study report through a registered specialised adoption agency; 3) Accept a child referral and complete the pre-adoption foster care period as directed; 4) Obtain the adoption order from the District Magistrate and register the child's revised birth certificate.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Juvenile Justice (Care and Protection of Children) Act 2015, Section 56 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.