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Ritesh Rathod (CS)     05 June 2021

Adoption by Hindu Relatives

Dear sir,

My cousin want adopt a child of relative a new born baby, Can he adopt directly only by executing Registerd Adoption Deed woth consent of biological parents? or he must go through CARA Registraion process, Court order and all?


 5 Replies

Saura Patil   05 June 2021


Greetings of the Day! 

Your cousin has to adopt a relative's baby under the provisions of the CARA. The legal procedure is given below!

1. if your cousin wants to adopt a relative's baby, they have to file an application in a competent court under section 56 (2) or 60 (1) in case of in-country adoption or inter-country adoption. 

2. A consent letter from the biological parents is required as well, according to Section XIX and other documents as required in Schedule VI. 

3. The biological, as well as the adoptive parents, have to file an application under schedule XXXII of the Act in the concerned court

4. The adoptive parents have to file an application in a competent family court or district court or city civil court. 

5. The Court will satisfy the various conditions under section 61 of the act and regulations 51 to 56 before issuing an adoption order. 

6. The prospective adoptive parents are then required to obtain a certified copy of the said adoption order and submit it to the District Child Protection Unit for online submission to the concerned authority. 

I hope this helps!


Saura Patil 


Ritesh Rathod (CS)     05 June 2021

Patil sir,

is there any other way like we execute only Regd. Adoption Deed?

or sir is it a mandatory to opt for CARA?

kavksatyanarayana (subregistrar/supdt.(retired))     05 June 2021

It is presumed that you are Hindu.  As per Hindu rites and customs, the biological parents give the child to the adoptive parents by performing Homa, etc. before the relatives, friends, and well-wishers of both sides.  (It is better to perform it in an Endowment temple. They will give a receipt).  It is better that the biological and adoptive parents shall execute an Adoption Deed and get it to be registered.  

Sankaranarayanan (Advocate)     06 June 2021

Even though executed adoption deed, better to get court order . as pointed by the expert Ms.Soura patil

Vasundhara Singh (Student)     07 June 2021


There is no single law to guide the adoption process in India, and it can be done in multiple ways. A Hindu can adopt a child from his or her relative according to Hindu Adoption and Maintenance Act, 1956 which lays down the conditions for single people and couples to adopt a child.  

But for easier and quicker process, adoption can also be done under Central Adoption Resource Authority (CARA).   

The prospective parents have to register themselves on Child Adoption Resource Information and Guidance System (CARINGS).  

Consent from the biological parents is required before adoption. The consent should be recorded in the way provided in Schedule XIX or Schedule XXII. Of CARA.  

Consent of child is required where the child is 5 years old or above the age of 5 years according to The Adoption regulation 51 sub-section 3.  

Adoptive Parents have to file an application under section 56(2) of the Juvenile Justice Care and Protection Act 2015 in the competent court along with the consent of the biological parents.  

After this, the court shall provide a certified copy of the adoption order and the adopting parents have to furnish this certified copy to the District Child Protection Unit who will further submit it to the concerned authority online.  


Best Regards,        

Vasundhara Singh       

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