Navigating Passport Issuance for Adopted Children: Special Considerations for NRIs
Legal Light Consulting assists Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), and prospective adoptive parents with the unique challenges of obtaining Indian passports for adopted children. Unlike standard minor passport applications, adopted children’s cases require additional scrutiny and documentation to ensure legal validity.
This article, based on guidelines from the Ministry of External Affairs (MEA) and Central Adoption Resource Authority (CARA) as of January 2026, outlines key requirements, exceptions, and processes for educational purposes.
Understanding Passport Rules for Adopted Children
Issuing an Indian passport to an adopted child differs significantly from regular minor renewals or fresh applications. Only legally adopted children qualify, with proof of valid adoption mandatory.
Adoptions fall into two main categories:
- In-country adoption: Completed within India by resident Indians or NRIs.
- Inter-country adoption: Involving foreign or NRI/OCI parents taking the child abroad, governed by Hague Convention principles and CARA regulations.
Core Requirements (beyond standard passport documents):
- Court order/decree from a competent jurisdiction declaring the adoption.
- Registered adoption deed (where applicable).
- No Objection Certificate (NOC) from CARA for inter-country cases.
- For older court orders (>6 months), the Passport Issuing Authority (PIA) must obtain clearance from the State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA) confirming no adverse reports or alternate rehabilitation pending.
Tatkaal (Expedited) Service:
Adopted children are not eligible for Tatkaal passports due to the need for thorough verification.
Special Notes on Surrogacy:
Commissioning surrogacy in India by foreigners (including OCI holders without Indian passports) has been restricted since 2015. Under current laws, surrogacy is limited to Indian citizens. For surrogate children with foreign genetic parents, passports may involve pre-verification at the clinic, but NRIs/OCIs must comply with the Surrogacy (Regulation) Act.
Name Changes Post-Adoption:
The child’s pre-adoption name can be changed. If reflected in the court order, no further procedure is needed. Otherwise, follow standard name change guidelines (affidavit, newspaper publication, gazette notification), which can be signed by adoptive parents.
Jammu & Kashmir Specifics:
The Hindu Adoption and Maintenance Act (HAMA), 1956, applies nationwide (including J&K post-2019). However, for Hindu adoptions in J&K, a court order from competent jurisdiction is mandatory—documents solely under HAMA are insufficient without it.
For NRIs applying abroad (via embassies/consulates/VFS Global), submit applications with attested/notarized documents. Inter-country cases often proceed on a “no police verification” basis to prioritize the child’s best interests, with expedited processing (target: 10 days post-adoption order).
These rules protect the child while ensuring compliance with adoption laws. Delays can arise from incomplete documentation or pending clearances, impacting travel, citizenship, or residency abroad.
Legal Light Consulting recommends early consultation to compile proofs, liaise with CARA/SARA, and navigate consulate requirements seamlessly.
Frequently Asked Questions: Passport for Adopted Children (NRI Focus)
General Requirements
What makes passport issuance different for adopted children compared to biological minors?
Adopted children require proof of legal adoption (court order/deed), unlike biological minors who need only birth certificates and parental consent. Additional verifications (e.g., CARA/SARA clearance) apply.
What are the two categories of adoption relevant to passports?
- In-country adoption: Domestic, often simpler documentation.
- Inter-country adoption: Involves NRIs/foreigners; requires CARA NOC and Hague compliance.
Can only legally adopted children get an Indian passport?
Yes. Informal or unregistered adoptions are invalid for passport purposes.
What additional documents are needed beyond normal passport requirements?
- Valid adoption court order/decree.
- Registered adoption deed (if applicable).
- CARA NOC (inter-country).
- SARA/ACA clearance if order >6 months old.
Tatkaal and Expedited Processing
Can a passport be issued to an adopted child under Tatkaal?
No. Adopted children are ineligible for Tatkaal due to verification needs. However, inter-country cases should be processed expeditiously (often no police verification) in the child’s best interests.
Court Orders and Clearances
If the adoption court order is over 6 months (or even a year) old, can it be accepted?
Yes, any valid court order is acceptable. But if >6 months, PIA must confirm with SARA/ACA for no adverse reports or pending rehabilitation cases.
Name Changes and Other Issues
Can the adopted child’s name be changed after adoption?
Yes. If the new name is in the court order, no further steps needed. Otherwise, follow standard name change procedure (affidavit by adoptive parent/guardian, publication, gazette).
Regional Specifics
Can a Hindu adopted child from Jammu & Kashmir get a passport with only HAMA documents?
No. A court order from competent jurisdiction is mandatory, as HAMA alone may not suffice without judicial validation.
Surrogacy-Related
How are passports handled for children born via surrogacy to foreign/OCI parents?
Restricted cases post-2015 ban on foreign commissioning. Eligible surrogate children (pre-ban or compliant) may get passports with clinic pre-verification. Consult current Surrogacy Act for eligibility.
For tailored assistance—drafting applications, obtaining clearances, or resolving delays—reach out to Legal Light Consulting. We ensure your adopted child’s passport journey aligns with legal protections and family needs.
