NRIs and OCI cardholders adopt from India under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022, through the Central Adoption Resource Authority (CARA). You register through an authorised agency or central authority in your country of residence, complete a home study, are referred a child, and receive an adoption order from the District Magistrate, followed by CARA's no-objection and conformity certificates. NRIs are treated on par with resident Indians for priority.
- Central authority
- CARA, Government of India
- Law
- JJ Act, 2015; Regulations, 2022
- Order issued by
- District Magistrate
- Convention
- Hague Adoption Convention, 1993
The two legal routes
India is a party to the Hague Convention on Intercountry Adoption, and CARA is its central authority. The main route for a family living abroad is the Juvenile Justice Act, which is secular and covers orphaned, abandoned and surrendered children as well as adoption of a relative's child and of a stepchild. Since the 2021 amendment, adoption orders are made by the District Magistrate instead of the court.
Hindus, Sikhs, Jains and Buddhists may also adopt under the Hindu Adoptions and Maintenance Act, 1956 by a giving-and-taking ceremony and a registered deed, without CARA selecting the child. However, where the child is to be taken abroad, the destination country will almost always require compliance with the Hague process, and the Regulations now provide a procedure for CARA to verify such adoptions and issue a no-objection certificate. Starting under the 1956 Act without planning for immigration is the commonest and costliest mistake we see.
Who can adopt
- Prospective parents must be physically, mentally and financially stable with no life-threatening condition and no conviction for offences against children.
- A married couple needs at least two years of stable marriage and the consent of both spouses. A single woman may adopt a child of either sex; a single man may not adopt a girl.
- Age limits link the parents' age to the child's age group, with a minimum gap of twenty-five years between parent and child.
- Couples with two or more children are generally considered only for special-needs or hard-to-place children, relatives' children or stepchildren.
The detailed limits are set out in the Regulations and are revised from time to time, so eligibility is checked against the current text when you register.
The inter-country process step by step
You approach the authorised foreign adoption agency or the central authority in your country, or the Indian mission where neither exists. It prepares a home study report and registers you on CARA's online system. A child legally free for adoption is referred to you; you have a limited time to reserve and accept. The specialised adoption agency in India then files the application before the District Magistrate, who is expected to decide within two months.
After the order, CARA issues the conformity certificate under Article 23 of the Convention, the child's birth certificate is issued with your names, and a passport and visa are obtained. Post-adoption progress reports are filed for two years through your agency. Relative and stepchild adoptions follow a shortened version, with the consent of the biological parents or the Child Welfare Committee and a family background report from the District Child Protection Unit.
Matching the law of your country
The United States, United Kingdom, Canada, Australia and most European states are also parties to the Hague Convention, and each has its own approval that must be in place before the Indian order, such as immigration eligibility for the child. The sequence matters: obtaining the Indian adoption first and applying to immigrate later can leave the child unable to travel. We work with your accredited agency or immigration lawyer so the two processes move together.
Where a lawyer helps
Agencies run the matching; legal work arises around it. We advise on which route fits a relative adoption, draft and register adoption deeds and consents, represent families before the District Magistrate and Child Welfare Committee, deal with delays and objections, obtain the CARA no-objection for adoptions made under the 1956 Act, and handle the child's later inheritance and OCI questions. Guardianship as an alternative is discussed under custody and guardianship.
Mistakes that cost NRIs time and money
- Completing a Hindu adoption deed first and thinking about immigration later.
- Dealing with unlicensed intermediaries instead of the authorised agency.
- Assuming a relative adoption needs no approval from the country of residence.
- Letting home study or approvals expire mid-process.
A typical situation
A niece adopted the right way round
A couple abroad wish to adopt the husband's orphaned niece in India. Instead of a private deed, they register through the authorised agency in their country, obtain its approval and a home study, and apply as a relative adoption. The District Child Protection Unit prepares the family background report, the District Magistrate makes the order, and the central authority issues its conformity certificate. The child receives a passport and visa as an adopted child without the delays that follow an unverified deed.
Illustration only, based on patterns we commonly see. It is not a real client's case and outcomes depend on the facts.
If you live in...
The Indian law is the same wherever you live. These are the points that differ by where you are.
USA and Canada
US immigration approval for a Hague adoption must be in place before the Indian order; Canadian provinces each have their own approval step.
UK and Europe
Adoption from India requires a certificate of eligibility from the relevant UK authority before matching.
UAE and the Gulf
Where the country of residence has no central authority, registration is through the Indian mission, and long-term residence status matters.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
Australia and New Zealand route inter-country adoption through state or central authorities with limited programmes; check availability first.
Country pages: Australia, New Zealand, Singapore, Malaysia
Documents you will need
Your agency will give a full list. On the Indian legal side we need:
- Passports and OCI or visa of both parents
- Marriage certificate, or divorce decree if applicable
- Home study report
- Income and employment proof
- Medical fitness certificates
- Police clearance from country of residence
- Child's birth certificate and biological parents' consent (relative adoption)
- Permission of the receiving country's authority
How we handle it for you
Route advice
We confirm eligibility and whether CARA, relative or stepchild adoption applies, and what your country requires first.
Registration and home study
You register through the authorised agency; we review documents for the Indian side.
Referral and acceptance
On referral, consents and the dossier for the District Magistrate are prepared.
Adoption order
We appear before the District Magistrate and obtain the order and certified copies.
CARA certificates and travel
Conformity certificate, birth certificate and passport are obtained so the child can travel.
Frequently asked questions
Can an NRI adopt a child from India?
Yes. NRIs and OCI cardholders can adopt through CARA under the Juvenile Justice Act and Adoption Regulations, and NRIs are given the same priority as resident Indian parents.
How long does adoption from India take for NRIs?
Timelines vary with the age and health profile of the child sought and the waiting list. After referral, the legal process through the District Magistrate to passport typically takes a few months.
Can I adopt my relative's child from India?
Yes. Relative adoption is recognised under the Regulations, with consent of the biological parents, a family background report and an order of the District Magistrate, plus the approvals of your country of residence.
Is an adoption deed under the Hindu Adoptions and Maintenance Act enough to take the child abroad?
Usually not by itself. Most receiving countries insist on Hague Convention compliance. CARA can verify such an adoption and issue a no-objection certificate under the procedure in the Regulations.
Can a single parent adopt from India?
Yes. A single woman can adopt a child of any gender. A single man can adopt a boy but not a girl.
Does an adopted child inherit like a biological child?
Yes. On a valid adoption the child becomes the child of the adoptive parents for all purposes, including succession, and ties with the birth family are severed, subject to limited exceptions for property already vested.
Can OCI cardholders adopt from India?
Yes. OCI cardholders are eligible under the Adoption Regulations and are treated on par with NRIs for priority.
Can we choose the child?
In the ordinary process children are referred through the central system according to your stated preferences. Relative and stepchild adoptions are the exceptions where the child is known.
