Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority.

Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956.

All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority. Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of section 80.


Adoption Regulation 2017


Fundamental principles governing adoption.-

  The following fundamental principles shall govern adoptions of children from India, namely:-
(a)  The child’s best interests shall be of paramount consideration, while processing any adoption placement;
(b) Preference shall be given to place the child in adoption with Indian citizens and with due regard to the principle of placement of the child in his own socio-cultural environment, as far as possible;
(c)  All adoptions shall be registered on Child Adoption Resource Information and Guidance System and the confidentiality of the same shall be maintained by the Authority.
Eligibility criteria for prospective adoptive parents
(1) The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.
(2)  Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-

(a) the consent of both the spouses for the adoption shall be required, in case of a married couple;

(b) a single female can adopt a child of any gender;

(c) a single male shall not be eligible to adopt a girl child;

(3)  No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.
(4) The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shallbe as under:-


  Age of Child      Maximum composite age of prospective adoptive parents (couple)
Maximum age of single prospective adoptive parent
Upto 4 years  90 years 45 years
Above 4 and upto 8 years   100 years   50 years
Above 8 and upto 18 years 110 years 55 years
(5) In case of couple, the composite age of the prospective adoptive parents shall be counted.
(6) The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.
(7) The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.
(8) Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.