Both husband and wife of both sides need to first execute a deed of adoption and to register it. Thereafter permission from District Judge would be required. 

Adopting your elder brother’s newborn while residing in Saudi Arabia involves both Indian adoption laws and Saudi immigration requirements. Since you have been married for seven years and have no biological children, you are eligible to adopt under The Hindu Adoption and Maintenance Act, 1956 (HAMA) or The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), depending on the legal route chosen.

Step-by-Step Adoption Process:

1. Eligibility Check

• Under HAMA, intra-family adoption (between relatives) is possible, provided there is a valid adoption deed. However, it is not recognised internationally.
• Under JJ Act, all adoptions must go through Central Adoption Resource Authority (CARA), making it internationally recognised.

2. Adoption Procedure Under JJ Act (Recommended for International Legality)

• Register on CARA (www.cara.nic.in) under the Relative Adoption category.
• Obtain a No Objection Certificate (NOC) from CARA.
• File an adoption petition before the District Court where the child is located.
• Once the court grants the adoption order, apply for the child's birth certificate with your name as parents.

3. Legal Documentation

• 
  Adoption Deed (If proceeding under HAMA) or Court Order (If under JJ Act).
• 
  NOC from Biological Parents (Both parents must agree and sign).
• 
  Home Study Report (HSR) from an authorised adoption agency.
• 
  Financial & Residential Proof of adoptive parents (Salary Slips, Passport, Visa).

4. Getting an Indian Passport for the Baby

• Apply for an Indian passport in the child’s name from the Regional Passport Office (RPO).
• Attach the adoption order/certificate as proof.

5. Saudi Immigration & Visa Process

• Check with the Saudi Embassy for dependent visa requirements.
• Submit translated and attested adoption documents.
• Obtain the necessary permissions for bringing the child into Saudi Arabia under your sponsorship.

Important Considerations

• 
  HAMA adoption is simple but may not be recognised internationally, so JJ Act adoption is recommended.
• 
  The biological parents must willingly give the child for adoption, with clear legal consent.
• 
  Saudi laws on adoption are complex, so check with the Saudi authorities to ensure the visa process goes smoothly.

It is advisable to consult a family lawyer in India to handle the legal adoption formalities and ensure compliance with Saudi immigration laws.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

There is no concept of adoption among Muslims under personal law 

An adopted child does not acquire the status of a biological child. The child retains their biological lineage and family name.
2.    Inheritance Rights: An adopted child does not have an automatic right to inherit from the adoptive parents. The child can only inherit from their biological parents

3) India, the secular Juvenile Justice (Care and Protection of Children) Act, 2015, provides a legal framework for adoption, applicable to all citizens irrespective of their religion. This Act allows Muslims to adopt children legally, overcoming the limitations of traditional Muslim law. Under this Act:
•    Adoption is recognized as a legal process where the child becomes the lawful child of the adoptive parents, with all rights and responsibilities as a biological child.

You can adopt your brother’s newborn through HAMA (Hindu Adoption & Maintenance Act) or JJ Act (Juvenile Justice Act).

Recommended Process (JJ Act for International Adoption)

1. 
   Register on CARA (www.cara.nic.in) under inter-country adoption.
2. 
   Home Study Report (HSR) by an authorized agency in Saudi.
3. 
   Approval by Adoption Committee & Court Order in India.
4. 
   NOC from CARA, Passport & Visa Processing for travel to Saudi.

Key Points:

• 
  JJ Act is internationally recognized; HAMA may not be accepted in Saudi.
• The process takes 6-12 months; plan accordingly.

Would you like assistance in preparing documents?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Muslims can adopt children in India under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The act allows Muslims to adopt children legally, which overcomes the limitations of traditional Muslim law. 

The child adopted by a Muslim will become the legitimate child of their adoptive parents. 

The adoption will be governed by general law and not by Muslim Personal Law.

You can do the adoption deed and adopt the same 

1. The prospective adoptive parents shall register in Child Adoption Resource Information and Guidance System and follow due legal procedure as provided in regulation 55.
2. Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided in Schedule XIX or Schedule XXII respectively.
3. The consent of the child shall be obtained, if he is five years of age or above.
4. Affidavit of adoptive parent(s) is required in cases of in-country relative adoptions in support of their financial and social status as per Schedule XXIV.
5. The prospective adoptive parents shall file an application in the competent court as provided in Schedule XXX.

55. Legal Procedure:

1. The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.
2. The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in theSchedule XX and all other documents as provided in Schedule VI.
3. The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.
4. The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.
5. Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
6. The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

The HAMA act is applicable for Hindus for adoption. The GAWA is applicable for other religions. The juvenile justice Act is also applicable for adoption of all children irrespective of their religion. The CARA guildelines and registration is necessary for adoption in india

1. You need to go for “in-country relative adoption” process as laid down under new regulations.
2. If you are NRI/OCI/Indian Cardholder, registration will be done by Foreign Authorized Adoption Agency or Central Authority, or Foreign Department of the country of residence with PAN number, Aadhar Cart number, Passport number submitting…
3. (1) Current family photograph or Photograph of person adopting a child (2) Aadhar Card or Passport or Voter card or Driving License of the prospective adoptive parents or Birth Certificate or Overseas Citizen of India card of the prospective adoptive parents (if applicable) and PAN card(if applicable). (3) Birth certificate or Proof of date of birth of the parents ( In the event of a married couple, upload the applicant’s respective medical certificates.) (4) Proof of residence (Aadhar card or voter card or passport or current electricity bill or telephone bill) (5) Proof of income of last year (salary slip or income certificate issued by Govt. department or income tax return) (6) Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt ( In the event of a married couple, upload the applicant’s respective medical certificates. ) (7) Marriage certificate or Divorce Decree or Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory or Death certificate of spouse whichever is applicable (8) Undertaking from the relative in case single prospective adoptive parents (if applicable) (9) Consent of the older child or children in the adoptive family.
4. Following forms are to enclosed…
5. Consent of biological parents.
6. Affidavit of adoptive parents is required in cases of in-country relative adoptions in support of their financial and social status.
7. Due verification by the District Child Protection Unit.
8. Hindu Adoption and Maintenance Act is not applicable to you.
9. Entire procedure cannot be explained online.
10. From 2022, civil courts have no jurisdiction to approve adoption. 

- You can file a petition before the family Court under the Juvenile Justice (Care and Protection of Children) Act, which  provides a legal framework for adoption, applicable to all citizens irrespective of their religion.