A Comparative Study of Adoption under HAMA and the JJ act: Issues and Emerging Trends

Adoption is a significant legal and social device for the protection and welfare of children who lack family support. In India, the subject matter is governed by two coexistent legislative regimes: the Hindu Adoption and Maintenance Act of 1956 (HAMA) governing Hindus, and the Juvenile Justice (Care and Protection of Children) Act of 2015 (JJ Act), the secular, state-regulated mechanism available to all citizens. The dualism of the two legislations has a tendency to generate inconsistencies, procedural ambiguity, and legal uncertainty. This article offers a comparative analysis of the two legislative regimes, including their scope, eligibility, procedural safeguard, and institutional framework. It takes note of significant judicial pronouncements and discerns prevailing discourses on the rights of single parents', LGBTQ+, and cohabiting partners' to adopt. It concludes by arguing in favor of the harmonization of adoption law in India towards a more liberal, child-focused legal regime aligned with the promotion of constitutional ideals and international best practice.