Can I adopt a newborn child?

One of the questions I am asked most often by prospective adoptive parents (PAPs) is:

“Can I adopt a newborn child?”

Before answering that question directly, I usually ask another question in return:

“Why do you specifically want to adopt a newborn?”

The responses vary. Some prospective parents genuinely wish to experience parenthood from the earliest stage of a child’s life. Others feel that if the child is adopted as a newborn, the child may never come to know about the adoption.

The second reason often opens the door for an important conversation. Adoption should never be built on secrecy. In the long run, withholding the truth about a child’s adoption is rarely in the best interest of the child. Healthy adoption begins with trust, openness, and the child’s right to know their story in an age-appropriate and sensitive manner.

Now, coming to the original question: Is it legally possible to adopt a newborn child in (or from) India?

To understand the answer, it is important to understand the adoption regulations (under the Juvenile & Justice Act) established by the Central Adoption Resource Authority (CARA), under the Ministry of Women & Child Development, Government of India.

When a child enters the adoption system — whether through abandonment or surrender — the law requires a mandatory process before the child can be declared legally free for adoption.

In both situations, there is a legally mandated waiting period of 60 days.

• In cases of abandonment, authorities must allow sufficient time to trace or identify any biological family that may be searching for the child.

• In cases of surrender, the biological parents are given a 60-day reconsideration period during which they may reclaim the child if they change their decision.

  
  

This means that even if a child is abandoned or surrendered at just one day old, by the time all legal procedures are completed and the Child Welfare Committee (CWC) considers declaring the child legally free for adoption, the child will already be at least 60 days old or older.

Therefore, the answer to the question is:

No — a child cannot legally be offered for adoption as a newborn in India.

This is also an important point of caution for prospective adoptive parents. If anyone offers a child for adoption before the completion of this legally mandated process — especially before the child is 60 days old — it should be treated as a serious red flag.

Proceeding with such an adoption may violate the provisions of the Juvenile Justice (Care and Protection of Children) Act and can lead to significant legal and ethical consequences.

Adoption is not merely about fulfilling the dreams of adults; it is fundamentally about protecting the rights, dignity, and best interests of the child. Every safeguard in the adoption process exists for that reason.

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