I have three biological children, and I would like to adopt a child. Can I?

This is a question I am asked quite often:

“We already have three biological children. Can we still adopt a child?”

My answer is this: Yes, you can — but with an important consideration.

In fact, the desire to adopt even after experiencing the challenges and responsibilities of raising biological children is deeply admirable. It reflects compassion, generosity, and a willingness to open your heart and home to a child in need of a family.

However, the Adoption Regulations, 2022, framed under the Juvenile Justice (JJ) Act, place certain conditions for families who already have two or more children.

What Do the Adoption Regulations Say?

Clause (7) of Regulation 5 states:

“Couples with two or more children shall only be considered for special needs children as specified in clause (25) of regulation 2, and hard-to-place children as stated in clause (13) of regulation 2 unless they are relatives or step-children”.

To understand this better, we must understand the difference between special needs children and hard-to-place children.

1. Special Needs Children

Under Clause (25) of Regulation 2, a “special needs child” is defined as this: “special needs child” means a child who is suffering from any disability as provided in the Rights of Persons With Disabilities Act, 2016(49 of 2016) as given in Schedule XVIII and Schedule III (Part E) of these Regulations;

When people hear the term “special needs,” many immediately assume lifelong and overwhelming challenges. But that is not always the case.

Some children may only require medical treatment, surgery, therapy, or temporary support that could significantly improve their condition and quality of life. Not every child categorized under special needs carries the same level of medical or developmental complexity.

If your desire to adopt is accompanied by the courage and commitment to provide such care, you could completely transform the life of a child who otherwise may continue waiting endlessly for a family.

2. Hard-to-Place Children

A “hard-to-place child” is not necessarily an unhealthy child.

Under the clause (13) of regulation (2) it states this:

"Hard-to place-child" refers to a child who has not been placed in adoption after going through the procedure as mentioned below:

(a) a normal child under the age of five who has not been placed in adoption with a resident Indian or non-resident Indian or Overseas Citizen of India Card holder prospective adoptive parents within sixty days after referral;

(b) or a child over the age of five or siblings who has not been placed in adoption with a resident Indian or non-resident Indian or Overseas Citizen of India Card holder prospective adoptive parents within thirty days after referral;

(c) categories of children mentioned in clause (a) and (b) above, who have not been placed in adoption within the prescribed time limit shall further be shown to all the prospective adoptive parents referred to in clause (a) and (b) for another seven days period;

(d) after expiry of the stated timeline in clause (c), the child shall be referred to foreign prospective adoptive parents for fifteen days;

(e) the child not placed in adoption after clause (a) to (d) above stipulated timeline shall be categorized as hard to place.

In short, these are children who remain unadopted despite being referred to prospective adoptive parents within the prescribed timelines under the regulations. This may include:

• Children above five years of age

• Sibling groups

• Children who were repeatedly overlooked during referrals

Sometimes, children remain unadopted for reasons that are heartbreaking and unfair — their age, complexion, sibling status, or simply because they did not fit someone’s preference.

Yet these children are equally deserving of love, belonging, and the security of a family.

If you are willing to open your home and heart to such a child, you could truly change the course of their life.

The Most Important Principle in Adoption

The first and most fundamental principle of adoption is this:

Adoption must always be in the best interest of the child.

When prospective adoptive parents view adoption through this lens, many difficult questions become clearer. Families with multiple children may discover that adopting a child with special needs or a hard-to-place child is not merely a legal pathway — it is an opportunity to meet a deeply unmet need.

But adoption should never be driven by impulse, social pressure, sympathy alone, or personal expectations.

If the motivation for adoption is anything other than the genuine best interest of the child, it is wise to pause and reconsider.

Because at its heart, adoption is not about finding a child for a family.

It is about finding a family for a child.

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