Important Legal Update
An orphan child residing in an orphanage or child care institution cannot lawfully be adopted merely by executing a private "adoption deed" with the superintendent or authorised signatory of that institution. For orphan, abandoned and surrendered children covered by the Juvenile Justice Act, the statutory adoption procedure must be followed.
Current Governing Law
Chapter VIII of the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended, governs adoption under this statutory route. Important provisions include Section 56 on adoption, Section 57 on eligibility of prospective adoptive parents, Section 58 on in-country adoption, Section 61 on disposal of adoption proceedings, Section 62 on additional procedural requirements, Section 63 on the effect of adoption, and Sections 65-68 dealing with Specialised Adoption Agencies and the adoption authorities.
Typical In-Country Adoption Process
Prospective adoptive parents follow the CARA-designated process and submit the required information and documents.
The statutory eligibility requirements and the suitability of the prospective adoptive parents are examined in accordance with the Act and Regulations.
An orphan, abandoned or surrendered child must reach the legally adoptable stage through the statutory child-protection process before placement for adoption.
The Specialised Adoption Agency completes the prescribed matching, acceptance and documentation requirements under the Adoption Regulations.
The competent Specialised Adoption Agency or other authorised authority submits the adoption application and prescribed documents for consideration by the District Magistrate.
The District Magistrate verifies statutory compliance, child welfare, prescribed documents and other requirements before issuing the adoption order.
Section 63 provides the legal effect of an adoption for which the adoption order has been issued, including the parent-child relationship created by law.
Specimen Post-Adoption Record
The following is only a specimen record for use after a valid adoption order has been issued. It is not a substitute for the statutory application, CARA/Specialised Adoption Agency documentation, or the District Magistrate's order.
MEMORANDUM RECORDING ADOPTION ORDER
This Memorandum is prepared on at to record the adoption of the child described below pursuant to an adoption order issued under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Prospective / Adoptive Parent(s):
Name(s):
Address:
Child:
Name / assigned name:
Date of birth:
Specialised Adoption Agency:
Name:
Address:
Adoption Order:
District Magistrate, District:
Adoption Application No.:
Date of Adoption Order:
It is recorded that the above adoption has been completed pursuant to the adoption order and in accordance with the applicable provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022.
This memorandum is prepared only as a convenient record of the adoption order. It does not create, validate or replace the adoption order or any statutory document required by law.
Adoptive Parent 1
Signature: ______________________________
Name: __________________________________
Adoptive Parent 2 - where applicable
Signature: ______________________________
Name: __________________________________
Witness No. 1
Signature: ______________________________
Witness No. 2
Signature: ______________________________
Effect of the Adoption Order
Section 63 provides that a child in respect of whom an adoption order is issued by the District Magistrate becomes the child of the adoptive parents, and the adoptive parents become the parents of the child as if the child had been born to them, for the purposes stated in the Act. The legal effect flows from the statutory adoption order, not from a private orphanage deed.
Official Adoption Resources
Legal note: "Orphan", "abandoned" and "surrendered" have statutory meanings. The correct route depends on the child's legal status and the applicable adoption category. Always follow the current CARA/authorised agency procedure and the directions of the competent child-protection and adoption authorities.
Frequently Asked Questions
Can I adopt directly from an orphanage by signing an adoption deed?
No private deed should be treated as a substitute for the statutory process. An orphan, abandoned or surrendered child covered by the Juvenile Justice Act must be adopted through the prescribed adoption procedure and adoption order.
Who passes the final adoption order?
Under the current statutory framework, the adoption order is issued by the District Magistrate after the prescribed requirements are satisfied.
Is a certificate from the orphanage superintendent enough?
No. Institutional certification cannot replace the statutory declaration, documentation, agency process or adoption order required under the Juvenile Justice Act and Adoption Regulations.
Does HAMA govern every orphanage adoption?
No. Adoption of orphan, abandoned and surrendered children through the institutional adoption system is governed by the Juvenile Justice statutory framework and the Adoption Regulations. A HAMA private adoption is a distinct legal route and should not be used to bypass this process.