What is the legal adoption process in Odisha?

The adoption process in Odisha: two legal routes

The adoption process in Odisha follows one of two national laws, and choosing the right one is the first step:

• The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Adoption Regulations, 2022 framed by the Central Adoption Resource Authority (CARA). This route covers adoption of orphan, abandoned and surrendered children through adoption agencies, and also adoption of a relative's child or a stepchild. It is open to people of every religion.
• The Hindu Adoptions and Maintenance Act, 1956 (HAMA), for Hindus (including Buddhists, Jains and Sikhs), where a child is given in adoption by the parent or guardian and taken by the adoptive parent, usually recorded in an adoption deed. Section 56(3) of the JJ Act says the JJ Act does not apply to adoptions made under HAMA.

Muslim, Christian and Parsi personal laws do not provide for adoption in the full sense. People from these communities can adopt under the JJ Act; the Supreme Court confirmed this option in Shabnam Hashmi v. Union of India (2014). Guardianship under the Guardians and Wards Act, 1890 is a different thing and does not make the child an heir (see custody and guardianship).

Who handles adoption in Odisha

• State Adoption Resource Agency (SARA), Odisha, under the Department of Women and Child Development. It oversees adoption in the state and issues pre-approval letters in relative and step-parent adoptions.
• Specialized Adoption Agencies (SAAs). In November 2023 the state reported 33 such agencies covering 28 districts. They care for children declared legally free for adoption and prepare home study reports.
• District Child Protection Unit (DCPU) in each district, which coordinates family-based care including adoption and foster care, and the Child Welfare Committee (CWC), which declares a child legally free for adoption.
• The District Magistrate (Collector), who passes the adoption order. Since the JJ Act amendment of 2021 took effect in September 2022, adoption orders under the JJ Act are made by the District Magistrate, not a civil court.
• CARA runs the national portal CARINGS (Child Adoption Resource Information and Guidance System) on which every application is made. CARA's helpline is 1800-11-1311.

CARA registration: who can adopt

Regulation 5 of the Adoption Regulations, 2022 sets the main eligibility rules:

• Prospective adoptive parents must be physically, mentally, emotionally and financially capable, with no life-threatening medical condition, and must not have been convicted of a criminal offence or be accused in a case of child rights violation.
• A married couple needs the consent of both spouses and at least two years of stable marriage.
• A single woman may adopt a child of any gender. A single man may not adopt a girl child.
• Couples with two or more children are generally considered only for children with special needs or hard-to-place children.
• The age gap between the child and each parent must be at least 25 years.

The age limits and the two-year marriage condition do not apply to relative and step-parent adoptions.

Adopting through an agency, step by step

1. Register on CARINGS and upload documents (identity and address proof, marriage certificate for couples, income proof, medical certificates, photographs) within 30 days of starting registration. If you married in Odisha and have no certificate, see marriage registration in Odisha.
2. Home study. An SAA social worker visits and prepares the Home Study Report, to be completed within 60 days of the documents being submitted. The report is valid for three years and must then be revalidated.
3. Wait for a referral by seniority. Waiting time depends on the age and profile of child you have asked for; it is often long for very young children and much shorter for older children and siblings, whom SARA Odisha has been encouraging families to consider.
4. Referral and reservation. You can receive up to three referrals. After seeing a child's profile you have 48 hours to reserve the child, and matching must be completed within 30 days. If you reserve no child from three referrals, you are not referred again for a year; not accepting a reserved child moves you to the bottom of the list.
5. Pre-adoption foster care begins within 10 days of matching, with an undertaking signed by the parents.
6. Adoption order. The SAA files the application before the District Magistrate within 10 days of matching. The DM hears it in camera and is to decide within two months.
7. Birth certificate. An application for a birth certificate naming the adoptive parents is to be filed within five days of the order. Post-adoption follow-up visits continue for two years.

Adopting a relative's child or a stepchild

Under the JJ Act a "relative" means a paternal or maternal uncle or aunt, or a paternal or maternal grandparent. In a relative or step-parent adoption the family registers on CARINGS under that category, the biological parent's consent or surrender is recorded before the CWC, SARA issues a pre-approval letter, and the District Magistrate passes the adoption order. Many Hindu families instead adopt a relative's child under HAMA with a deed, as described next. Which route suits a family depends on religion, whether the child is from India or abroad, and what the passport and school authorities will accept.

HAMA adoption deed

For an adoption under HAMA to be valid, Sections 7 to 11 require, in outline:

• The adoptive parent is a Hindu of sound mind and not a minor. A married man or woman needs the consent of the spouse (Sections 7 and 8).
• Only the father, mother or guardian can give the child (Section 9).
• The child is a Hindu, has not already been adopted, is unmarried and is below 15, unless a custom allows otherwise (Section 10).
• The adoptive parent must not already have a living Hindu son (when adopting a son) or daughter (when adopting a daughter). Where the child is of the opposite gender, the age gap must be at least 21 years. There must be an actual giving and taking of the child (Section 11).

The adoption deed can be registered at the Sub-Registrar's office (see registration in Odisha). Under Section 16, a court presumes that an adoption recorded in a registered document signed by the giver and taker was made in compliance with the Act, unless disproved. A valid adoption cannot later be cancelled by the parents or the child (Section 15). The adopted child becomes the child of the adoptive family for all purposes, including inheritance (Section 12).

What is not legal adoption

Taking a baby from a hospital, a nursing home or an acquaintance, or "registering" a child in your name without a legal process, is not adoption. Section 80 of the JJ Act punishes adoption without following the law's procedure, and Section 81 punishes the sale or purchase of a child. If you find an abandoned child, inform the police or the Childline number 1098; the CWC then takes charge. Unlawful arrangements also leave the child without inheritance rights and with document problems for years.

Related work is described under family and succession.

Frequently asked questions

Official sources

• Central Adoption Resource Authority (CARA) and CARINGS portal
• Adoption Regulations, 2022 (text)
• Department of Women and Child Development, Odisha: District Child Protection Unit
• Odisha I&PR (Nov 2023): Adoption Awareness Month, SARA and adoption agencies

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.