Ankita Minj 03 August 2026
Dr. J C Vashista (Advocate ) 04 August 2026
Yes, the couple can adopt the child with the consent of biological parents.
Formalities and procedure shall be explained by the lawyer engaged by either of the couple.
What do you mean by combined age of 85 years ?
Ankita Minj 04 August 2026
Age of adopting (mother + father)= more than 85yr....
As I saw combined age of adopting parents must b max 85yr..while adopting 0-4yr child.... is it true?
P. Venu (Advocate) 04 August 2026
Yes, the child could be adopted. However, there is the presribed legal framework to be complied with.
T. Kalaiselvan, Advocate (Advocate) 04 August 2026
Direct private transfers of a newborn between biological parents and prospective adoptive parents are illegal in India under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Any arrangement made privately, even with mutual consent or on stamp paper is treated as child trafficking or illegal adoption under Section 80 and 81 of the JJ Act, carrying severe criminal penalties (up to 3 to 5 years of imprisonment).
Biological parents cannot hand over a newborn directly to a third party. If the biological parents are unable to raise the child, they must legally surrender the baby before the Child Welfare Committee (CWC) of their district. The child then enters the legal pool managed by CARA (Central Adoption Resource Authority).
Under CARA Adoption Regulations, the maximum combined age for a married couple adopting a child aged 0 to 4 years is 90 years (and neither parent can be individual older than 45–55 depending on specific age brackets). Since your relatives have a combined age crossing 85, they are right on the edge of the legal maximum threshold. If their combined age exceeds 90 years, they are legally ineligible to adopt an infant.
Hindu Adoptions and Maintenance Act (HAMA), 1956: Allows direct adoption between biological parents and adoptive parents, but it applies only if both parties ( adoptive parents and child) are Hindu. Since your relatives are Christian, HAMA does not apply to them.
As Christians, your relatives can only adopt through the secular JJ Act framework managed by CARA. Under this framework, direct targeting or selecting a specific baby is strictly prohibited.
Do not proceed with taking custody of the baby directly from the hospital or biological parents. Doing so puts both your relatives and the biological parents at grave risk of criminal prosecution for illegal adoption.