Is it Legal to Adopt a Child as a Single Parent in India?

Yes, it is legal to adopt a child as a single parent in India, subject to statutory conditions. Adoption is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations framed by CARA.

The law permits single men and single women to adopt, with one restriction: a single male cannot adopt a girl child. The Supreme Court has held that adoption laws must prioritise the welfare of the child and cannot discriminate arbitrarily.

In Shabnam Hashmi v. Union of India, the Court held that adoption is a legal right under secular law and is not restricted by religion. The Court observed that personal laws cannot override the right to adopt under the JJ Act.

Single parents must meet eligibility criteria related to age, financial stability, and mental fitness, and adoption requires approval through the prescribed legal process.