What are the different laws that are applicable on adoption?

Hindu Adoption and Maintenance Act (HAMA), 1956

The HAMA Act is applicable to the Hindu community only and a detailed definition of Hindu is provided under the Act itself. The Act provides basic eligibility criteria for adopting a child in India, the capacity of male and female Hindu to adopt. The Act has well drafted provision regarding the rights and responsibilities of adoptive parents and the child. It is pertinent to mention here that the HAMA, Act is applicable only to the in-country adoption. The adoptions that are taken according to the HAMA are followed by an adoption deed and court order.

Juvenile Justice Act, 2015: Child in conflict with law can be taken in adoption according to the Juvenile Justice Act, 2015. The law is applicable on the children who have been abandoned or abused  

Adoption Regulation, 2022: This is the central regulation that would be followed in-country and inter country adoption. The complete procedure, eligibility and criteria are laid down in this legislation. The CARA initiates the proceedings according to the provision of the adoption regulation. Every country who has signed the Hague convention has to follow the provisions of the Adoption Regulation.

Guardian and Ward Act, 1890: The parents who are not covered under the definition of Hindu according to the HAMA Act can adopt child according to the provisions of Guardian and Ward Act. The basic purpose of this Act is to protect the interest of minor children.


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