ADOPTION UNDER HINDU LAWS

    Adoption enables a person without a child to make someone else’s child as his own. As per the Hindus, the ideal was that the adopted child must bear a reflection of the natural child. The adoption process in India is governed by the Hindi Adoption and Maintenance Act, 1956. This Act was further amended by the virtue of the 2010 amendment.

    REQUIREMENTS FOR A VALID ADOPTION-

    Adoption: All About Adoption under Hindu Adoption and Maintenance Act ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendment - REQUIREMENTS FOR A VALID ADOPTION
    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    Under section 6 of the Hindu Adoption and Maintenance Act, 1956, the following are the requirements for an adoption to be valid-

    • The person who is adopting should have the capacity and the right to adopt.
    • The person who is giving in adoption should have the capacity to give in adoption.
    • The person being adopted should be capable of being adopted.

    Also, under Section 11 of the said Act, the following are some of the other requirements for an adoption to be valid-

    • If a son is being adopted, the adoptive father or mother must not have a Hindu son, son’s son or son’s son’s son, whether by legitimate blood relation or by adoption, alive at the time of adoption.
    • If a daughter is being adopted, the adoptive father or mother must not have a Hindu daughter or son’s daughter, whether by legitimate blood relationship or by adoption, alive at the time of adoption.
    • If a female is to be adopted by a male (father), the adoptive father must be at least twenty-one years older than the person to be adopted.
    • If a male is to be adopted by a female (mother), the adoptive mother must be at least twenty-one years older than the person to be adopted.
    • The same child cannot be simultaneously adopted by two or more persons.
    • The completion of the adoption process must be done by actual giving and taking of the child by the parents or guardians concerned.
    • Although not essential to the validity of adoption, a ceremony called Datta Homen has to be performed.

    WHO MAY ADOPT?

    Adoption by a Hindu Male

    Under Section 7 of the Hindu Adoption and Maintenance Act, 1956, any Hindu male who is not a minor and is of sound mind has the capacity to adopt a son or a daughter. However, if he is married, the consent of the wife is mandatory for the adoption to be completed. In case he has multiple wives living at the time of adoption, the consent of all the wives is necessary. The consent of wife may be implied or express. The consent of the wife or any of the wives (in case of multiple wives), may be dispensed with if-

    • She ceases to be a Hindu.
    • She has completely renounced the world.
    • She has been declared to be of unsound mind by a court of competent jurisdiction.

    Adoption by a Hindu Female

    ADOPTION UNDER HINDU LAW | RACOLB LEGAL
    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    Under section 8 of the Hindu Adoption and Maintenance Act, 1956, any major Hindu Female who is unmarried and is of sound mind is capable of adopting a son or a daughter. In case she is married, she is capable to adopt if her:

    • Marriage has been dissolved;
    • Husband is dead;
    • Husband has completely and finally renounced the world;
    •  Husband has ceased to be a Hindu;
    • Husband has been declared to be of unsound mind by a court of competent jurisdiction.

    However, after the 2010 amendment, now, a married woman can also adopt a child with the consent of her husband, subject to certain restrictions.

    WHO MAY GIVE IN ADOPTION-

    Under section 9(1) of the Hindu Adoption and Maintenance Act, 1956, the father, mother and the guardian have the capacity to give the child in adoption. The expressions father and mother do not include the adoptive father or the adoptive mother.

     Father Under section 9(2), the father can give the child in adoption only after obtaining the consent of the mother. The consent of the mother of the child may be dispensed with if-

    • She has completely renounced the world.
    • She ceases to be a Hindu.
    • She has been declared to be of unsound mind by a court of competent jurisdiction.

    Mother Under section 9(3), the Hindu Adoption and Maintenance Act, 1956, if the father is alive, the mother of the child cannot give the child in adoption even with the consent of the father. Only in the following cases, the mother can give the child in adoption-

    • If the father ceases to be a Hindu.
    • If he has finally and completely renounced the world.
    • If he has been declared to be of unsound mind by a court of competent jurisdiction.

    After the 2010 amendment, the mother can also give the child in adoption during the lifetime of the father after obtaining the consent of the father.

    Guardian Under section 9(4), the guardian is also capable of giving in adoption if the child’s biological parents are dead or they have renounced the world or are declared to be of unsound mind or have abandoned the child. But in order to do so, the guardian must have the permission of the court. Under section 9(5), the court will only grant such permission if:

    • The court is satisfied that the adoption is for the welfare of the child.
    • No payment is done in any form in exchange for the child.

    WHO MAY BE ADOPTED-

    A person is capable of being adopted if:

    • He or she is a Hindu
    • He or she is not yet adopted.
    • He or she is unmarried. However, if there a custom or usage application to the parties which allows the married person to be adopted, married persons may be adopted.
    • He or she is below fifteen years of age. But, if there is a custom or usage application to the parties which allows the persons who have completed fifteen years of age o be adopted, persons who are fifteen or above maybe be adopted.

    EFFECTS OF ADOPTION-

    Under section 12 of the said act, once a child gets adopted, all the ties of that child with his/her family of birth are cut off and ties with the adoptive family begin. The adopted child then becomes the child of the adoptive parents. Also, the following are the effects of the adoption-

    • The child cannot marry any person whom he could have married had he or she continued in the family of his or her birth.
    • Any property vested in the adopted child prior to the adoption shall remain vested in that child. However, the same is subject to obligations attached to the ownership of the said property. This includes the obligation of maintenance of the relatives in the family of his or her birth.
    • Any person of any estate which is vested in the adopted child before the adoption shall not be divested by him or her.

    CONCLUSION-

    The Hindu Adoption and Maintenance Act, 1956 states various provisions regarding adoption. This Act provides for the parameters regarding who can adopt a child, who can give a child in adoption and who can be adopted. It also provides for the effects of adoption. The Act was further amended in 2010.

    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION

    ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION ADOPTION UNDER HINDU LAWS: Hindu Adoption and Maintenance Act, 1956 2010 amendmentREQUIREMENTS FOR A VALID ADOPTION