राजस्थान में गोदनामा 2026: यह क्या है, नियम, दस्तावेज़, पंजीकरण और हाईकोर्ट की नई चेतावनीGodnama (Adoption Deed) in Rajasthan 2026: What It Is, Rules, Documents, Registration and the High Court’s New Warning

Key Points and the New Court View

• A Godnama is the written deed of adoption. Under the Hindu Adoption and Maintenance Act, 1956 (HAMA), it applies to Hindus, Jains, Sikhs and Buddhists.
• New update: in May 2026 the Rajasthan High Court held that a Godnama alone cannot make an adoption legally valid. The actual giving and taking ceremony (datta homam or the custom followed), with the intention to transfer the child from one family to the other, is essential, and the deed should record it.
• Registration of the deed is not compulsory under the law, but registering it with the Sub-Registrar gives strong proof and is strongly advised.
• For non-Hindu families, or for adopting an orphan or abandoned child, the rules of the Juvenile Justice Act and CARA apply instead.

Basic Rules Under HAMA

• The person adopting must be an adult and of sound mind. A married Hindu man needs his wife’s consent, and the same applies to a married woman’s adoption as per the Act.
• The child is generally below 15 years of age and unmarried, unless a custom allows otherwise.
• If you adopt a child of the opposite sex, you must be at least 21 years older than the child.
• A person who already has a living child of the same sex as the child to be adopted usually cannot adopt, as per the Act.
• Both the giving parent and the adopting parent must have the capacity to give and take the child.

Process Step by Step

1. Check that you and the child meet the HAMA conditions and take the consent of the wife or husband and of the giving parents.
2. Perform the giving and taking ceremony with the family and witnesses as per your custom, and ideally take photographs or a video.
3. Get the Godnama drafted by a lawyer, and mention the ceremony, the date, the parties, the child’s details and the witnesses in it.
4. Buy stamp paper of the value fixed by the Rajasthan stamp rules and print the deed on it.
5. Book a slot and go to the Sub-Registrar office with the parties and two witnesses to register the deed.
6. Collect the registered deed, and then update the child’s school, Aadhaar, bank and other records as needed.

Documents Required

• Aadhaar and ID of the adopting parents and the giving parents
• Birth certificate of the child and proof of age
• Marriage certificate or proof of marriage of the adopting couple
• Passport-size photographs of all parties and the child
• Two witnesses with ID
• Stamp paper and the drafted deed
• Proof of the ceremony, such as photographs, if available

Precautions

• Never rely on a deed that does not mention the giving and taking ceremony.
• Do not adopt a child through agents or unofficial means. Orphan and abandoned children must be adopted through CARA.
• Make sure the child’s biological parents are the ones who give the child, and that they know what adoption means.
• Update the child’s school and Aadhaar records after adoption, so names match everywhere.

Frequently Asked Questions

Official Links

Disclaimer: Emitrawala.com is not a government website. This page is for information only and is based on official portals and news reports. Rules, fees, dates and portal screens can change, so confirm on the official portal or at your e-Mitra before acting.