(Sample format provided below is for professional reference only and must be customized as per the facts and documents of each case.)
Purpose of the Application
This application is filed by adoptive parents before the District Judge / Principal Judge, Family Court seeking legal approval of adoption under Section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Even after a child has been declared legally free for adoption by the Child Welfare Committee (CWC) and matched through a Specialized Adoption Agency (SAA), the final step—court approval—is mandatory to complete the legal process.
Why It Is Filed
To obtain a court order granting adoption of the child, giving the adoptive parents full legal rights and responsibilities as if the child were born to them.
Without this order, the adoption is not legally recognized.
Where to Submit
The application is filed before the District Court or Family Court having jurisdiction where:
- The adoptive parents reside, or
- The child or Specialized Adoption Agency is located.
The case is filed through an advocate or directly by the applicants, along with all required documents.
Documents Usually Required
- Identity proofs (Aadhaar, PAN, Passport, etc.)
- Marriage certificate (if applicable)
- Home Study Report issued by SAA
- Order of the CWC declaring the child legally free for adoption
- Health certificates of both applicants
- Pre-adoption foster care agreement
- Photographs of applicants and child
- Proof of residence and income statements
Important Points to Know
- The Juvenile Justice Act, 2015 and Adoption Regulations (framed by the Central Adoption Resource Authority – CARA, under cara.nic.in) govern the entire process.
- Court must ensure that all adoption procedures are followed and the child's welfare is protected.
- Once granted, the adoption order is final and irrevocable.
- The adoptive parents assume all legal rights, duties, and responsibilities toward the child.
- The court may call for a social worker's verification or conduct a short hearing before granting the order.
FAQs – Adoption under Section 61 JJ Act, 2015
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Q1. What is the purpose of Section 61 of the JJ Act?
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To legally finalize adoption by court order, confirming the adoptive parents' rights over the child.
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Q2. Who can apply for adoption?
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Any couple or single person found eligible under CARA Adoption Regulations and approved by a recognized Specialized Adoption Agency.
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Q3. What role does the Specialized Adoption Agency (SAA) play?
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It verifies the child's eligibility, prepares reports, and files or assists with the court application.
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Q4. What is a "legally free for adoption" certificate?
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A declaration by the Child Welfare Committee (CWC) under Section 38 of the JJ Act confirming that the child has no legal claimant and can be adopted.
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Q5. Is court permission mandatory even if CARA approves the match?
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Yes. Court approval under Section 61 is essential for legal validity.
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Q6. Can foreign nationals apply for adoption in India?
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Yes, through a registered Authorized Foreign Adoption Agency (AFAA) and following CARA's inter-country adoption procedure.
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Q7. What happens after the court grants permission?
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The adoption order is issued, and the child's new birth certificate is made showing the adoptive parents' names.
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Q8. Can an adoption be cancelled later?
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No. Once the court grants the order, the adoption is permanent and cannot be revoked except by law in rare cases of fraud.
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Q9. Does religion matter in adoption under the JJ Act?
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No. The JJ Act applies irrespective of religion, unlike personal adoption laws.
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Q10. Where can one check official adoption rules and forms?
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All official regulations, forms, and updates are available on https://cara.nic.in, the website of the Central Adoption Resource Authority (CARA), Govt. of India.
Legal Affidavit Document
IN THE COURT OF THE DISTRICT JUDGE / PRINCIPAL JUDGE, FAMILY COURT AT ___
Case No. ___ of ___
IN THE MATTER OF:
An application under Section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015
Applicant(s):
Shri ___, S/o ___, aged about ___ years,
residing at ___.
Smt. ___, W/o ___, aged about ___ years,
residing at ___.
VERSUS
___,
Registered under ___,
having its office at ___.
APPLICATION FOR GRANT OF ADOPTION PERMISSION
The Applicants most respectfully submit as under:
- That the Applicants are husband and wife, married on ___, residing together at the above-mentioned address, and are desirous of adopting a child.
- That the Applicants fulfill all eligibility conditions for adoption as prescribed under the Act and Adoption Regulations.
- That the Applicants have been found suitable by ___ and issued a Home Study Report dated ___.
- That the child proposed to be adopted is Master/Miss ___, aged about ___ years, declared legally free for adoption by the Child Welfare Committee, ___, vide order dated ___.
- That the child is presently under the care of ___, which executed a Pre-Adoption Foster Care Agreement on ___.
- That the Applicants undertake to treat the child as their own and provide proper care, education, and upbringing.
- That this Hon'ble Court has jurisdiction to entertain the present application.
- That all necessary documents are filed along with this application.
PRAYER
Grant permission to the Applicants to adopt Master/Miss ___ under Section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Pass any other order deemed fit in the interest of justice.
Place: ___
Date: ___
(Signature)
___ – Applicant No. 1
(Signature)
___ – Applicant No. 2
Through Counsel:
___
___
___
___
Enclosures:
- Identity proofs
- Marriage Certificate
- Home Study Report
- Child Welfare Committee Order
- Health Certificates
- Pre-Adoption Foster Care Agreement
- Photographs
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