From Sacramental Rites to Secular Rights: Analyzing the Statutory Friction in India’s Adoption Laws

This article critically examines the legal and institutional evolution of adoption jurisprudence in India, tracing its transition from a fragmented, faith-based system to a unified, secular paradigm. Highlighting recent progressive judicial trends—exemplified by the landmark Supreme Court decision in Hamsaanandini Nanduri v. Union of India (2026)—the study underscores how the judiciary has expanded constitutional rights under Articles 14 and 21 to recognize family integration beyond biological definitions. However, this paper exposes a critical statutory friction between personal law frameworks and secular welfare statutes. Specifically, it analyzes the jurisdictional conflict between the Hindu Adoptions and Maintenance Act (HAMA), 1956, and the secular regime governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, alongside the Central Adoption Resource Authority (CARA). The research evaluates the practical repercussions of this legal dissonance, including administrative bottlenecks introduced by the 2021 amendment delegating adoption orders to District Magistrates, leaving adoptions valid under personal law functionally unrecognized by state institutions. Ultimately, the paper calls for targeted legislative harmonization, fast-track adoption tribunals, and inclusive policy reforms to bridge the gap between progressive constitutional intent and ground-level administrative realities.