Can only Hindus Adopt Children in India?
In India, there is no provision for religious minorities to adopt children. Under the Hindu Adoption and Maintenance Act (HAMA), 1956, only Hindus can adopt legally. Muslims, Christians, Parsis and Jews can only become the guardians under the Guardians and Wards Act (GAWA), 1890, which does not confer the status of a biologically born child. However, as per the high court rulings of Kerala and Maharashtra states, Christians can apply for conversion of their guardianship to full adoption. The Juvenile Justice (Care and Protection of Children) Act (JJA), 2000, does provide for the adoption of abandoned and abused children by all religious communities, but its implementation vis-à-vis adoption remains only on paper. Under the JJA, only the Juvenile Justice Boards, after they are empowered to do so by way of notification in the official gazette, can facilitate adoptions. However, no state government has issued any notification to empower the boards to deal with adoption matters. A case rel
