Family › Adoption or guardianship
Need guardianship of a minor after parents died
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What are you trying to do? Become guardian (not adopt)
Papers to gather
- ID and address proof, and photos of the adoptive parents
Required for registration. Where: Aadhaar / passport. - Income proof (salary slips, ITR)
Part of the eligibility check. Where: Employer / IT portal. - Medical fitness certificates
Required by the Adoption Regulations. Where: A registered doctor. - Your birth certificates / age proof
There are age limits by the child’s age. Where: Your records. - Proof of the child’s situation (parents’ death certificates, or why you should be guardian)
The court decides in the child’s welfare. Where: Family records.
You may also need, depending on your answers
- Marriage certificate (if a couple) and consent of the spouse — Couples must adopt jointly with consent.
What the law says
Adoption of orphaned, abandoned or surrendered children, and relative or step-parent adoption, is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022; adoption orders are passed by the District Magistrate and applications go through CARA’s CARINGS portal. Hindus may also adopt under the Hindu Adoptions and Maintenance Act, 1956. Personal laws of Muslims, Christians and Parsis do not provide for adoption, but anyone can adopt under the JJ Act, or be appointed guardian by a court under the Guardians and Wards Act, 1890. Taking a child without this process is illegal and can be treated as trafficking.
General information, not legal advice.
Saboot will also ask
- What is your situation?
- Which personal law applies to you?
Similar situations
- Want to adopt a child
- Want to adopt a relative’s child
- Single woman wants to adopt
- Gave a child informally to relatives — now a dispute
Sources
- Central Adoption Resource Authority (CARA)
- Juvenile Justice (Care and Protection of Children) Act, 2015
- NALSA — free legal aid
The full guide: Adoption or guardianship of a child · All situations