Shortcomings In Indian Adoption Laws: A Critical Analysis
- IJLLR Journal
- Dec 9, 2025
- 1 min read
Updated: Dec 11, 2025
Arav Saxena, BBA LL.B. (Hons.), O.P. Jindal Global Law School, O.P. Jindal Global University, Sonipat
ABSTRACT
This paper examines the judicial and legislative shortcomings in existing Indian adoption laws, while discussing their evolution and historical impact. The paper is divided into 3 sections, highlighting 3 major problems. First, it evaluates judicial decisions in reconciling caste and adoption, particularly in interpreting Section 12 of the Hindu Adoption and Maintenance Act. Second, it critiques the Indian government’s regulatory approach to inter-country adoption, showcasing how assumptions about cultural suitability and restrictive CARA guidelines hinder the welfare-centric purpose of adoption. Third, it analyses contradictions between the JJ Act and the Hindu Adoption and Maintenance Act, illustrating how these gaps create confusion and weaken protection for adoptees. Through this examination, the paper argues that India’s adoption framework remains fragmented and inefficient and calls for reform to alleviate these concerns regarding adoption.
