Part of our Law for the Layperson series, this is one of a set of articles that aims to provide basic legal information on issues of interest to Indian women. 

(While we try to keep the information here as relevant and updated as possible, law is a complex subject and errors are possible. The information here is therefore not meant as a substitute for legal advice. If you find any errors or wish to suggest any additions, feel free to contact us.) 

While informal adoptions have always existed, legal adoption has been gaining popularity in India in the last decades. People adopt for a variety of reasons such as difficulty with having a biological child or simply the desire to bring home a child who doesn’t otherwise have a family. 

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Perhaps one of the most crucial issues that comes up after a divorce is the matter of child custody. In the majority of divorce cases in India, child custody is settled between parents themselves, without the need to go to court. However, if you are among the small number of cases where parents are unable to settle the issue between themselves, then you need to be aware of how Family Courts in India decide on custody issues.

In India, children under 18 years of age are supposed to have a legal guardian. The party who is awarded guardianship by the Court has the responsibility of taking care of the child. In some cases, the parents may share the custody of the child, but only one parent may be given the actual physical custody of the child. The court mostly bases their decisions on the best interests of the child and not always on the arguments of each parent.

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