Dr.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

FAMILY LAW - 1
PROJECT WORK
ADOPTION RIGHT OF SINGLE PARENTS IN
INDIA

SUBMITTED TO – SUBMITTED BY –
Dr. Samreen Hussain NAMAN YADAV
ASSISTANT PROFESSOR (LAW) Enrollment No.- 210101092
(FAMILY LAW- 1) B.A. LL.B. (Hons.)
Dr. Ram Manohar Lohiya National Law University 3rd Semester, Section ‘B’

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 TABLE OF CONTENT
 Introduction
 Laws governing adoption in India
 Adoption laws for Hindus
 Adoption laws for Muslims
 Shabnam Hashmi v/s Union of India
 Adoption laws for Christian and Parsis
 Adoption under Juvenile Justice Act, 2015 and CARA guidelines.
 Procedure for adoption under CARA guidelines

 SINGLE PARENTS ADOPTION
 Single women adoption
 Single parent fatherhood
 Conclusion
 Bibliography

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 INTRODUCTION

Indian culture has undergone some significant transformations recently. The increasingly
popular practice of adoptions by single parents has been one such positive trend. A substantial
number of people, including single men and women, are choosing to adopt children and
assuming the role of parent. Adoption agencies, which in the past showed a strong
predisposition against unmarried individuals, are now more set up to consider them as
prospective guardians. A person might not be inclined to get into a legal relationship with
another, but the evolutionary urge to raise a child can’t be completely do away with.
Considering this and the plight of millions of orphans with no future it is completely
counterintuitive to deprive bona fide single parents from adopting merely on the ground of
being single. Research shows that when compared to adopted children raised by a couple,
children adopted by single guardians likely manages equally well. This paper will try to
highlight the flaws of the country’s adoption laws when comes to single parents and will try
to show how the belief that only married individuals are qualified and properly equipped to
raise a child is highly outmoded and detrimental for the society. It is claimed that children
raised in single-family homes are at a greater risk of adverse consequences like being poor,
committing crimes, or using drugs. And many studies conducted do bolsters this claim, but
research on specific factors leading to such situations is very scarce. Most studies however
agrees that children from single- parent families are more likely to grow up in financially
challenged circumstances. So Financial difficulties coupled with trauma suffered due to
divorce could be the actual reasons behind adverse conditions faced by single-parent children
during adulthood. But orphan children are already financially challenged and face the
prospect of either turning destitute or choosing crime for a livelihood. Adoption gives such
children the chance to grow up in a loving environment with parents who will guide them to

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be responsible citizens and productive individuals, contributing to the development of their
country.

The purpose of writing this paper is not just asserting single individuals right to adoption but
also making people aware of the laws and regulations related to adoption for better
understanding of the process and challenges associated with legally adopting a child in India.

LAWS GOVERNING ADOPTION IN INDIA

The Hindu Adoptions and Maintenance Act of 1956 maintains adoption for Hindus,
Buddhists, Jains, and Sikhs in India.

Since Muslims, Parsis, Christians, and Jews do not recognize complete adoption, if a person
of any of these faiths wants to adopt a child, he or she can apply to become the child's
guardian under Section 8 of the Guardians and Wards Act of 1890.

Other laws related to adoption include the CARA Guidelines and Adoption Regulations,
2017, and the Juvenile Justice (Care and Protection of Children Act), 2000.

Primarily, for prospective parents of all religions, the Juvenile Justice Act, 2015 and the
Central Adoption Resource Authority Regulations, 2017 along with the Guardians of Wards
Act, 1890 provide guidelines for adoption.

Adoption laws for Hindus

It is remarkable that Hindus have recognized adopted sons as legitimate right from the Vedic
age even though they always desired to have a natural born legitimate son for reasons like
continuation of family name and fulfilment of ritual for their spiritual benefits. In Hindu
jurisprudence the act of adoption was a considered sacramental act. But only adoption of sons
are allowed which prompted many writers to conclude that the object of such discriminatory

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adoption practice is to protect one’s funeral rites and to continue the family name. But the
passing of The Hindu Adoption and Maintenance Act in 1956 made adoption a secular
institution and a secular act to the extent that even a religious ceremony may not be performed
for a valid adoption1. This act is the primary authority governing adoption for Hindus,
Buddhists, Jains, and Sikhs in India.

Who can adopt?

No person can make an adoption unless he or she is :

1. a major, and
2. of sound mind.

Majority means completion of the age of 18 years, and, it seems, this is the age even for a
person to whom a guardian has been appointed under the Guardians and Wards Act, 1890.

"Unsoundness of mind" connotes to a general condition of mind. An adjudication of insanity

by a court is not required. And all conditions of insanity including epilepsy, idiocy and lunacy
will come under "unsoundness of mind"2.

A major Hindu male of sound mind if single can adopt without restriction. But for a married
Hindu male, it is mandatory to obtain the consent of his wife. An adoption carried forward
without prior consent of the wife will be considered void. The consent of the wife can be
expressed or implied by her conduct. For instance, if the wife takes part in the performance of
ceremonies of adoption, her consent will be implied, unless her consent was taken by fraud or
force. But in her absence consent cannot be implied3. Also if a Hindu male wants to adopt a
female child he must be at least 21 years older than the child he wants to adopt otherwise the
adoption will be void4.

1
Paras Diwan, Modern Hindu Law (24th edition, Allahabad Law Agency, 2019) 242
2
Gopi vs Madanlal, AIR 1970 RAJ 190
3
Bhima vs Sarat, AIR 1988 ORI 14
4
Section 11, THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

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Old Hindu law gives no right to female to adopt but the new act makes a complete departure
from this old position empowering women to adopt a son or a daughter in her own right rather
than her husbands. For a Hindu female to adopt all the similar condition as that of a Hindu
male must be fulfilled.

Adoption laws for Muslims

Muslim jurisprudence is of the view that adoption, known to Hindu law, in which a
relationship of parentage is created, is unknown to Muslim law. A child is only considered
legitimate if the father proves the acknowledgment of the child. Also, a Muslim is unable to
establish the paternity of an adopted child if he is not the actual father of that child. The
Muslim law does not recognises any mode of filiations where the parentage of the child is
other than the adopting father5. This is said to be done to protect the lineage of Muslim
families. It is believed that the Holy Quran prohibits adoption but the impression that
adoption is not permissible or adoption is not known to Muslim law is totally based on
improper interpretation of Shariat law6. Kafala is the Islamic term for what is commonly
referred to as adoption. Which only establishes guardian/ward relationship rather than
parent/child. This relationship is subjected to specific rules. These rules are mainly to
preserve the integrity of the family line. Adoption is certainly not prohibited. What is
prohibited is to attribute one’s adopted child to oneself, as if there is a biological relationship.

SHABNAM HASHMI V/S UNION OF INDIA7

The objection to the concept of adoption in the Muslims under the Muslim Personal law as
made by Muslim Personal law Board was that Muslim Personal law does not allow adoption.
Though the ‘Kafala system’ exist for the purpose of welfare of children. As per this system a
Muslim cannot adopt a child, but he can always become a kafil to the child and he can

5
Syed Khalid Rashid, Muslim law (6th edition, Eastern Book Company, 2020) 98-99
6
A.K. Bhandari, ‘Adoption Amongst Mohammedans-Whether Permissible In Law’ (2005) Vol.47 (1) JILI 110-
114
7
Shabnam Hashmi vs Union of India, (2014) 4 SCC 1

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provide for the maintenance and well-being of the child which includes a financial support to
the child even though he is not a biological parent to the child.

Despite all that the child will still be considered child of biological parents and being Kafil
would not amount to adopting a child.

The Hon’ble Supreme Court held, that Juvenile Justice Act, 2000 as amended in 2006 is a
secular provision and it will apply on all including the Muslim and the act has been enacted
for the welfare of children and it enables any person to adopt a child. Thus, a Muslim also
even if he is governed by Muslim Personal law can adopt a child. The existence of the
Muslim Personal law will not prevent a Muslim to apply JJA. Thus, a Muslim may choose to
be governed by Muslim personal law and hence may not adopt a child or he may choose to be
governed by the JJA and may therein adopt a child.

Adoption which is provided under Guardians and Wards Act gives the couple only the right
of guardianship, which means that the couple are not the exclusive parents of the child, they
are just his/her guardians, and the child can go away and end this guardianship after he attains
the age of 18. Even the child is not secure after attaining the age of 18 because the child will
have weaker inheritance rights as this can be challenged by other children and relatives of the
family. The bad part about guardianship is that, legally the child reverts to the guardianship of
the state in the unfortunate event of the death of the guardians but in an adoption, the
grandparents, uncles, and aunts take care, as happens with any other child.

Adoptions laws for Christian and Parsis

The personal laws of Christians and Parsis do not recognise adoption and so, in this case, an
adoption is done from an orphanage, by obtaining permission from the judiciary i.e. by the
courts under The Guardians and Wards Act as the Christians have no adoption act.

Since adoption is the legal association of a child so adopted, it comes under the personal law
of the religion of the parents wanting to adopt. Christians have no adoption laws hence they

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have to approach the court under the Guardians and Wards Act, 1890. Christians can take a
child under the said Act just as a guardian. Once a child under the guardianship becomes
major, he is free to walk away from all his connections. The ward after attaining majority also
can’t enjoy the right to inheritance similar to that of a natural born child under Christian law.

There is no law regulating adoption among Christians in India. In the absence of a statutory or
customary adoption recognized by courts, children assigned guardians under Guardians and
Wards Act, 1890, cannot be treated as legal children. 

But it is to be noted that the amendments by the Supreme Court in the Juvenile Justice Act
after the Shabnam Hashmi case held that the secular laws of adoption will supersede personal
laws in this regard and therefore Christians can be parents of children and not just have them
under foster care. 

Adoption under Juvenile Justice Act, 2015 and CARA guidelines

The sole purpose of adoption under the JJ Act, 2015 is to provide a family environment to an
abandoned, orphan or surrendered child. This section also says that adoption shall be in
accordance with the JJ Act, 2015, the JJ Rules, 2016 and the Adoption Regulations framed by
CARA. In Shabnam Hashmi v. Union of India8, although the Supreme Court refused to
recognise the right of a child to be adopted as a fundamental right, it said that the adoption
provisions in the JJ Act, 2000 were enabling provisions and shall apply to all irrespective of
their religious belief. This section lays down the broad criterion for persons to be eligible for
adoption. Only those physically, financially and mentally fit persons are eligible for adoption
who are also highly motivated to adopt a child for providing the child a good upbringing.
They should also not have any life-threatening medical condition. Any prospective adoptive
parents, irrespective of his marital status and whether or not he has a biological son or
daughter, can adopt a child subject to the following, namely:

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ibid

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 1. in case of a married couple, the consent of both the spouses for the adoption shall be
required;
2. a single female can adopt a child of any gender;
3. a single male shall not be eligible to adopt a girl child; and
4. no child shall be given in adoption to a couple unless they have at least two years of
stable marital relationship.
5. The prospective adoptive parents shall be physically fit, financially sound, mentally
alert and highly motivated to adopt a child for providing a good upbringing to him.

The Adoption Regulations, 2017 prescribe the maximum composite age of the prospective
adoptive parents vis-à-vis the age of the child to be taken in adoption. For a child up to 4
years of age, the maximum composite age of the couple shall be 90 years; for a child above 4
up to 8 years, it shall be 100 years and for a child above 8 and up to the age of 18 years, the
composite age shall be 110 years. In case of a single prospective adoptive parent, the
maximum age shall be half of the composite age. It is also provided that the minimum age
difference between the child and either of the prospective adoptive parents shall not be less
than 25 years.

Procedure for adoption under CARA guidelines

1. Parents need to register online on the CARA website;

2. Select preferred Adoption Agency for Home Study Report and State;
3. Upload the required Documents on User ID and Password, documents need to be
uploaded within 30 days of registration, then after the Registration number would be
generated,
4. Specialised Adoption Agency(SAA) conducts Home Study Report of the PAPs and
uploads it on CARA within 30 days from the date of submissions of required
documents on CARA;
5. The Home Study Report is valid for three years and shall be the basis for the adoption
of a child for PAPs from anywhere in the country.
6. Suitability of PAPs is determined if not found suitable, PAPs is informed with the
reason for rejection as per regulation 59;
7. The appeal referred shall be disposed of within a period of 15 days and the decision of
the authority shall be binding;

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 8. PAPs reserve one child, as per their preference from up to 3 Children with their
Photographs, Child Study Report and Medical Examination Report;
9. After viewing the Profile of child the PAPs can reserve the child or children may
reserve one child within a period of 48 hours for possible adoption and the rest would
be released for other PAPs who are in the waiting list;
10. PAPs visit the adoption agency from the date of reservation and finalise;
11. If the child is not finalised within the stipulated time, the PAPs come down in the
Seniority list;
12. On acceptance of the child by the PAPs, SAA completes the referral and adoption
process;
13. PAPs take the child in pre-adoption foster care and SAA files petition in the court;
14. Adoption court order is issued;
15. Post-adoption follow- up report is conducted for a period of the six-monthly basis for
2 years from the date of pre-adoption foster placement with the PAPs.

SINGLE PARENTS ADOPTION

The adoption as defined by the amended juvenile justice act 2006 is , “The process through
which the adopted child is permanently separated from his biological parents and becomes the
legitimate child of his adoptive parents with all the rights, privileges and responsibilities that
are attached with the relationship.”

The Central Adoption Resource Agency (CARA) Guideline issued by the Ministry of
Women and Child Development govern the adoption of children that allow a single female to
adopt a child of any gender. Also, the minimum age for single parent adoption has been also
lowered from 30 to 25.

Single women adoption

In India, all adoption issues are handled by the Central Adoption Resource Authority (CARA)
[, a statutory body of Ministry of Women and Child Development.

A base age distinction of 21 years between the single mother and the adopted child is required
on the off chance that the adopted child is of opposite gender. The adoptive parent must be

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physically fit and financially capable to take care of the kids in the best possible way. Indian
laws does not put any kind of restriction on single women to adopt a child of specific gender
meaning she is allowed to adopt child of any gender. Earlier, a single woman adopting was
considered highly immoral and something to be looked down upon. It was highly stigmatized,
and due to relatively poor financial conditions of women in the past, very few of them used to
opt for adoption. But society has changed significantly since then. Women are more
comfortable adopting now that there are far more progressive laws in place for single-parent
adoptions. Also, adoption agencies' approaches towards single parents have dramatically
changed over the years. It is definitely more common for women to adopt a child nowadays.
The number of children adopted each year is increasing, but it won’t be enough. There are too
many orphans, and very few of them are even up for adoption. There is still a big issue with
the whole adoption system in this country, which is depriving many children of a family and a
chance at the future. A single man still can’t realistically adopt a child in this country without
a wife.

Single parent fatherhood

The role of a father is almost universally perceived as supplementary, or at best,

complementary. But in nearly half a million families in the United States, the father is the
primary parent because there is no mother present in the household. These men represent a
growing dimension of both fatherhood and parenthood the single parent father. In India also
the number of single man wanting to raise a child without committing to marriage is on the
rise. The most significant influence on the recent acceptance of single parenthood has been a
change in the legal custody arrangements for minor children. Prior to 1960, very few fathers
were awarded custody of their children, and then only in unusual circumstances. Fathers
rarely contested the assumption of mother's custody, and if they did, the courts demanded that
they prove the mother "unfit" for parenthood. But when it comes to adoption, the laws are
extremely biased towards men, and this is ultimately detrimental to the child, who will be
deprived of a potential loving family and a bright future. Men cannot adopt a female child in

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India9; this provision is meant to protect female children from sexual abuse. The provision,
though well-intentioned, must be re-examined, and a more amicable case-by-case evaluation
of households must be done. A blanket ban only reduces an orphan's chances of living a
normal life. Other female family members, if willing, can be roped into the adoption deed.
India is a collectivist society, and the grandparents are often more than happy to help with the
parenting needs of the new-borns. Adoptive parents' mothers are often willing to help their
kids raise a child. Better surveillance of adoptive homes must be done and the best parents
must be chose but being overly paranoid is not the right way of forward.

CONCLUSION

We need to normalize the idea that adopting kids is a valid course of action even for parents
who could conceive a child themselves and single individuals who can conceive but unwilling
to involve in a physical relationship. To see it as merely an inferior backup option for infertile
couples is extremely regressive. The only way to normalize something which goes against
society’s most basic conventions is to spread awareness about it. If people understand the
process and read success stories, they’ll be more inclined to accept the concept. And that’s
what we should strive towards.

9
Section 57 (4), JUVENILE JUSTICE ACT, 2015

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 BIBLIOGRAPHY

1. Diwan P, Modern Hindu Law (24th edition, Allahabad Law Agency, 2019) 242
2. Gopi vs Madanlal, AIR 1970 RAJ 190
3. Bhima vs Sarat, AIR 1988 ORI 14
4. Section 11, THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
5. Syed Khalid Rashid, Muslim law (6th edition, Eastern Book Company, 2020) 98-99
6. A.K. Bhandari, ‘Adoption Amongst Mohammedans-Whether Permissible In Law’
(2005) Vol.47 (1) JILI 110-114

7. Shabnam Hashmi vs Union of India, (2014) 4 SCC 1

8. JUVENILE JUSTICE ACT, 2015

9. ‘eligibility criteria for prospective adoptive parents’, (cara.nic.in)

<http://cara.nic.in/parents/eg_ri.html>accessed 30 October 2022

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