Affidavit for Relative Adoption under JJ Act

Last updated: October 17, 2025 Type: Affidavit Format Type: Affidavit Fill the Affidavit

**Sample PDF of the Affidavit is attached at the end.

Why this affidavit is used

To provide legal assurance about the eligibility of prospective adoptive parents (PAPs) in relative adoptions.
To confirm their relationship with the child (as per Section 2(52) JJ Act – "relative" means paternal/maternal uncle, aunt, grandparent, or sibling).
To establish their financial stability, social status, and capacity to raise the child.
To support the in-country relative adoption process under Regulation 51(4) of Adoption Regulations.

When it is used

During in-country relative adoptions, i.e., when a child is being adopted by close relatives within India.
At the stage of filing an adoption petition in court, this affidavit acts as supporting proof.
When the Specialised Adoption Agency (SAA) or Child Welfare Committee (CWC) requires documented assurance from adoptive parents.
Before the district court/judge finalises the adoption order, this affidavit is attached with the adoption application.

Purpose

To demonstrate compliance with JJ Act & Adoption Regulations.
To prevent misuse of adoption by ensuring adoptive parents are financially sound, socially responsible, and related to the child under law.
To act as a sworn declaration for the adoption authority/court.

Other Important Points

Must be executed before a Judicial Magistrate/Notary/Oath Commissioner.
This affidavit is mandatory, not optional, in relative adoptions.
Helps the court verify the adoption is in the best interest of the child.
Needs to be supported by income proofs, residence proofs, relationship documents (birth certificates, family tree, Aadhaar, etc.).

FAQs

Q1. Who has to file this affidavit?: The prospective adoptive parents (relatives) themselves.
Q2. Is this affidavit required in all adoptions?: No. Only in relative adoptions (grandparent, uncle, aunt, sibling). For unrelated adoptions, a different set of affidavits/home study reports are used.
Q3. What if the adoptive parents live abroad (NRI/OCI)?: Then a different procedure under inter-country relative adoption (Regulation 53) applies, not this affidavit.
Q4. What financial proof is needed?: Salary slips, income tax returns, bank statements, or pension papers may be annexed.
Q5. Is a court order still necessary after this affidavit?: Yes. Affidavit is evidence, but a final adoption order is passed by the district court under the Section 61 JJ Act.
Q6. What happens if PAPs fail to prove financial/social stability?: Court can reject the adoption petition since the welfare of the child is paramount.
Q7. Does this affidavit make the adoption final?: No. It only supports the application. The adoption is final only when the court passes the adoption order.

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Legal Affidavit Document

SCHEDULE XXIV

See regulation 51(4)

AFFIDAVIT OF PROSPECTIVE ADOPTIVE PARENT(S)

IN CASES OF IN-COUNTRY RELATIVE ADOPTIONS

IN SUPPORT OF THEIR RELATIONSHIP, FINANCIAL AND SOCIAL STATUS AS PER SUB-REGULATION 4 of REGULATION 51

Affidavit of Mr. __________________________ and Mrs. _______________________, resident of ______________________________________________________, about socio-economic and financial status to adopt the child _____ from the relative family Mr. ________________________ and Mrs. _______________________, residing at ________________________.

1. That I/we am/are Indian nationals residing in _________________ since __________ years.

2. That the child proposed to be adopted is my _________________ and fulfils the relationship criteria as provided in Section 2 (52) of the Juvenile Justice (Care and Protection of Children) Act 2015.

3. That my/our total annual income from all sources is _______ per annum, which is adequate to raise the child in our family in the local living standards where we reside.

VERIFICATION

That I/we _____________________, the deponent above, do hereby verify that the contents of the above affidavit are true and correct.

Verified at
Deponent

Sworn and signed before me on --------------- in my presence