Application for Grant of Adoption Permission

Last updated: October 30, 2025 Type: Affidavit Format Type: Application Fill the Affidavit

(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

Q1. What is the purpose of Section 61 of the JJ Act?: To legally finalize adoption by court order, confirming the adoptive parents' rights over the child.
Q2. Who can apply for adoption?: Any couple or single person found eligible under CARA Adoption Regulations and approved by a recognized Specialized Adoption Agency.
Q3. What role does the Specialized Adoption Agency (SAA) play?: It verifies the child's eligibility, prepares reports, and files or assists with the court application.
Q4. What is a "legally free for adoption" certificate?: 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.
Q5. Is court permission mandatory even if CARA approves the match?: Yes. Court approval under Section 61 is essential for legal validity.
Q6. Can foreign nationals apply for adoption in India?: Yes, through a registered Authorized Foreign Adoption Agency (AFAA) and following CARA's inter-country adoption procedure.
Q7. What happens after the court grants permission?: The adoption order is issued, and the child's new birth certificate is made showing the adoptive parents' names.
Q8. Can an adoption be cancelled later?: No. Once the court grants the order, the adoption is permanent and cannot be revoked except by law in rare cases of fraud.
Q9. Does religion matter in adoption under the JJ Act?: No. The JJ Act applies irrespective of religion, unlike personal adoption laws.
Q10. Where can one check official adoption rules and forms?: 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 [DISTRICT NAME]

Case No. ________ of 20____

IN THE MATTER OF:
An application under Section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015

Applicant(s):
Shri [Full Name of Male Applicant], S/o [Father's Name], aged about ___ years,
residing at [Full Address].

Smt. [Full Name of Female Applicant], W/o [Husband's Name], aged about ___ years,
residing at [Full Address].

VERSUS

[Name of Recognized Specialized Adoption Agency (SAA)],
Registered under [name of authority], having its office at [address].

APPLICATION FOR GRANT OF ADOPTION PERMISSION

The Applicants most respectfully submit as under:

That the Applicants are husband and wife, married on [date], residing together at the above-mentioned address, and are desirous of adopting a child under the Juvenile Justice (Care and Protection of Children) Act, 2015.
That the Applicants fulfill all eligibility conditions for adoption as prescribed under the Act and Adoption Regulations, including age, marital status, financial capacity, and health requirements.
That the Applicants have been found suitable and eligible to adopt by the [Name of Specialized Adoption Agency] and have been issued a valid Home Study Report dated [date].
That the child proposed to be adopted is Master/Miss [Name of Child], aged about ___ years, who has been declared legally free for adoption by the Child Welfare Committee, [District], vide order dated [date], under Section 38 of the Act.
That the child is currently under the care and protection of [Name of Specialized Adoption Agency], which has executed a Pre-Adoption Foster Care Agreement with the Applicants on [date].
That the Applicants undertake to treat the said child as their own and to provide proper care, education, and upbringing in all respects.
That this Hon'ble Court has jurisdiction to entertain this application, as the Applicants reside within its jurisdiction and/or the child is under the jurisdiction of this Court.
That all necessary documents, including identity proofs, marriage certificates, health certificates, the Home Study Report, and the Child Welfare Committee's order, are filed herewith.

PRAYER

In view of the foregoing, the Applicants most respectfully pray that this Hon'ble Court may kindly be pleased to:

Grant permission to the Applicants to adopt the child Master/Miss [Name of Child] under Section 61 of the Juvenile Justice (Care and Protection of Children) Act, 2015; and
Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice.

Place: ____________
Date: ____________

(Signature)
[Name of Husband] – Applicant No. 1
(Signature)
[Name of Wife] – Applicant No. 2

Through Counsel:
[Name of Advocate]
[Address, Enrollment No., Contact No.]

Enclosures:

Copies of identity proofs (Aadhaar, PAN)
Marriage Certificate
Home Study Report
Child Welfare Committee Order declaring child legally free for adoption
Health Certificates of applicants
Pre-Adoption Foster Care Agreement
Photographs of applicants and child