Adult Adoption Immigration for NRIs: Simple Guide
Many Non-Resident Indians (NRIs) want to adopt an adult to make family ties official. Some also hope this will help a loved one move abroad or get inheritance rights.
But Indian law allows adoption only for children, not adults. That is why adult adoption immigration is not legally possible in India.
Understanding Indian Laws on Adult Adoption Immigration
In India, adoption is covered by two main laws:
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
- Hindu Adoption and Maintenance Act, 1956 (HAMA)
Both laws clearly say that only minors (under 18 years) can be adopted.
- The JJ Act allows adoption only for children who are orphaned, abandoned, or surrendered. It follows international child protection rules.
- The HAMA law says the adopted person must be below 15 years of age, except in rare customs that allow it. These customs are almost never used today.
In short, adult adoption is not valid under Indian law. So, NRIs cannot use adoption to get a visa or immigration benefit for an adult.
Why Adult Adoption Does Not Work for Immigration
Many people think adopting an adult can help with family immigration. This is not true.
- India does not allow adult adoption.
- Countries like the US, UK, and Canada also accept adoption only if it happened when the person was a child (usually before 16).
So, if an NRI adopts an adult, it will not be recognised for visa, citizenship, or immigration purposes.
Main Laws That Apply
Here are the key laws related to adoption and immigration:
- HAMA, 1956: Adoption applies to minors only.
- JJ Act, 2015: Covers only children below 18.
- Guardians and Wards Act, 1890: Guardianship applies to minors or those with mental incapacity.
- Bharatiya Nyaya Sanhita (BNS), 2023: Replaced the old Penal Code. It punishes fraud in immigration papers but does not change adoption laws.
- Hague Adoption Convention, 1993: Applies only to child adoption, not adults.
Together, these laws make it clear that adult adoption immigration is not allowed in India.
What Indian Courts Have Said
Indian courts have clearly ruled that adult adoption is not valid.
- In Atluri Brahmanandam vs Anne Sai Bapuji (2010), the Supreme Court said adoption of a person above 15 is allowed only if there is an old, proven custom.
- In Ranjit Kumar v. State of Bihar (2022), the High Court confirmed that adoption laws under HAMA apply only to minors.
So, adult adoption does not give rights to citizenship, OCI cards, or visas.
The New Law: BNS 2023
The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code in 2023. It did not change adoption laws but made fake immigration documents and adoption papers a serious crime.
If someone uses false adoption papers for visa or immigration, they can face legal punishment.
Adult Adoption in Other Countries
Some countries allow adult adoption as a private legal step. But immigration departments usually do not accept it.
- United States: Accepts adoption only if done before age 16.
- United Kingdom: Does not recognise adult adoption for immigration.
- Canada: Allows adult adoption under local law but not for immigration or sponsorship.
So, adult adoption cannot be used for visas or citizenship anywhere.
Legal Alternatives for NRIs
If adoption is not allowed, NRIs still have other legal options to help loved ones:
- Make a Will: You can name the person in your Will so they receive your property or money after your death.
- Guardianship: This applies only to adults who cannot take care of themselves due to mental illness. It is allowed under the Mental Healthcare Act, 2017.
- Dependent Visa: You can apply for a dependent or family visa to help your loved one live with you abroad.
- Work or Business Visa: If the person has the right skills or funds, they can apply for a job or business visa on their own.
- Get Legal Help: Always talk to a qualified immigration lawyer before applying. They can explain what option is safest and most suitable for your case.
Helpful Tips for NRIs
- Never do unregistered or illegal adoptions.
- Always confirm laws through CARA or Indian embassies.
- Use only licensed immigration consultants.
- Get guidance from a trusted immigration lawyer in India.
A professional law firm can help you find legal and safe ways to support your family abroad.
FAQs on Adult Adoption Immigration
1. Is adult adoption legal in India?
No. Only minors can be adopted.
2. Can an NRI adopt an adult relative?
No. Indian law does not allow adult adoption.
3. What are the alternatives?
Dependent visa, inheritance through a Will, or guardianship.
4. Do Hague rules cover adult adoption?
No. They only cover child adoption.
5. Can foreign adult adoption give Indian citizenship?
No. India does not recognise it.
6. Is there any adoption visa for adults?
No. There is no such visa category.
7. Should I speak to a lawyer?
Yes. Always get legal advice before you start any process.
Final Words
Adult adoption immigration is not allowed in India or in other countries. The law sees every adult as an independent person, not someone who can be adopted.
Even if there is a strong emotional bond, adoption cannot change legal status or help with immigration.
NRIs should look at other legal options, such as:
- Family visas to bring relatives abroad
- Dependent visas for those who rely on them
- Work or business visas for eligible adults
A qualified immigration lawyer in India can explain these options and help you follow the right and safe process.
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