Safe Childhood India

A significant number of adoptions carried out under the Hindu Adoption and Maintenance Act (HAMA), 1956 remain largely invisible to India’s formal child protection system. These adoptions often occur through private or intra-family arrangements, shaped by long-standing social practices, limited awareness of procedural safeguards, reluctance to engage with institutional mechanisms, and the absence of any mandatory centralised reporting or registry. Although such adoptions may be legally valid under HAMA, they frequently take place without systematic documentation, independent verification of the child’s circumstances, or linkage with child protection authorities.

Most HAMA adoptions involve relatives and are rooted in cultural traditions that pre-date contemporary child protection frameworks. While relative adoption does not necessarily involve complete separation from the biological family, it is nonetheless critical to safeguard the rights and best interests of the child. In many cases, children adopted under HAMA are not orphans, and informal processes can obscure their legal identity and entitlements. Inadequate documentation may later result in serious challenges related to proof of identity, inheritance and succession rights, citizenship status, and access to education, health care, and social welfare benefits.

The invisibility of HAMA adoptions also weakens accountability and limits the State’s ability to monitor adoption practices, detect coercion or financial inducements, and plan evidence-based child welfare interventions. Family disputes over custody or property may further place the child at risk. Strengthening reporting mechanisms, standardising documentation, and establishing a central registry—while respecting the cultural and legal foundations of HAMA—is essential to ensure protection, transparency, and long-term security for children.