IndiaCan a Hindu adopt a child? What is the process?
Yes, a Hindu can adopt a child under the Hindu Adoptions and Maintenance Act, 1956 — but only if they meet strict eligibility criteria and follow the formal legal process.
What the Law Says
The Hindu Adoptions and Maintenance Act, 1956 (HAMA) governs adoption for Hindus, Sikhs, Jains, and Buddhists in India. It lays down who may adopt, who may be adopted, and the legal effect of adoption.
Only Hindus (including Sikhs, Jains, and Buddhists) can adopt under this law. Muslims, Christians, Parsis, and Jews must use the Guardians and Wards Act, 1890 or the Juvenile Justice (Care and Protection of Children) Act, 2015 for child placement.
A person must be of sound mind, major (at least 21 years old), and have the capacity to adopt. A married person must get consent from their spouse unless the spouse has renounced the world, ceased to be a Hindu, or has been declared of unsound mind.
A male Hindu cannot adopt unless he has the consent of his wife, unless she is no longer alive or has completely renounced the world or has been declared of unsound mind. A single male may adopt only a male child.
A female Hindu may adopt independently if she is unmarried, divorced, or widowed — and must be at least 21 years old. She may adopt a child of either gender.
The adoptive parent must be at least 21 years older than the child if adopting a child of the opposite sex. For same-sex adoptions, no minimum age gap is prescribed, but courts consider welfare and suitability.
Statutory TextAny male Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption.
— Hindu Adoptions and Maintenance Act, 1956, s. 7 — Capacity of male Hindu to take in adoption
Statutory TextAny female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption.
— Hindu Adoptions and Maintenance Act, 1956, s. 8 — Capacity of female Hindu to take in adoption
Statutory TextNo person shall adopt a child unless he or she has the capacity to adopt and the child is capable of being adopted.
— Hindu Adoptions and Maintenance Act, 1956, s. 10 — Persons capable of giving in adoption
What to Do
Confirm eligibility: Ensure you are a Hindu (or Sikh/Jain/Buddhist), of sound mind, at least 21 years old, and meet marital consent requirements.
Identify a child eligible for adoption: Must be Hindu (or from same religious community), unmarried, and not previously adopted.
Obtain consent: From spouse (if married), biological parents or guardian, and child aged 15+ (if capable of understanding).
Execute a registered adoption deed: Though not mandatory, registration strengthens legal validity and is strongly recommended.
Update records: Notify local authorities (e.g., municipal corporation) and update birth certificate, school records, and ration card with adoptive parent’s name.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.