Wednesday, 18 November 2015

ADOPTIONS AMONG HINDUS


What are ingredients of valid adoption by Hindu?
A separate act “The Hindu Adoptions and Maintenance Act 1956” deals with adoption by Hindu. The Act prescribes following requisites for valid adoption.
A. The person who is adopting must have capacity, and right to take adoption.
B. Similarly, the person who is giving in adoption must have capacity to give in adoption.
C. The person who is being adopted must be capable of being adopted.
D. The process of adoption shall be in conformity with the provisions of the Hindu Adoption and maintenance Act 1956.
E. No payments/shall be received or given in consideration of adoption.

Who are persons capable of giving in adoption?
Only father, or mother, or guardian has capacity to give the child in adoption. This does not include adoptive father or mother. Guardian means the person having the care of the person of child or property or both. It also includes guardian appointed by the Will of father or mother or guardian appointed by the court.

If the father is alive, he shall alone have right to give in adoption, but subject to consent of his wife (mother of the child). But if the mother has completely and finally renounced the world, or converted to other religions, or has been declared as of unsound mind by the competent court, consent of mother is not required.


The mother may also give the child in adoption if the father is dead, or has completely and finally renounced the world, or converted to other religion or has been declared as of unsound mind by competent court.

The guardian may also give the child in adoption only with previous permission of the court. He may adopt the child as his adopted child also.  We all know that the guardian comes into picture only on death of natural parents. Apart from death of natural parents, the guardian may also give in adoption, if both the parents have completely and finally renounced the world, or have abandoned the child, or have been declared as of unsound mind by competent court, or where the parentage of the child is not known.

Can a Hindu Woman take a child in adoption?
Generally it is male Hindu, who is a major and of sound mind, but with the consent of his surviving wife not otherwise disqualified, has capacity to take a child in adoption.However, a Hindu Woman has also capacity to adopt if she satisfies the following conditions:
A. She is major
B. She is of sound mind
C. She is unmarried
D. If married, the marriage is dissolved, or husband is dead, or husband has completely and finally renounced the world, or has been converted to other religion or declared as of unsound mind by competent court.

What are the requirements of the child to be adopted?
The child to be adopted may be boy or girl must be Hindu, and has not been previously adopted. The child must be unmarried, but if the custom applicable to the parties permit the adoption of married, such children may also be adopted. Importantly the child must not have completed fifteen years of age, unless customs practiced by parties allow adoption of persons who have completed fifteen years of age.

Can person having children adopt a child?
In case of a male child being adopted, the adoptive parents must not have a Hindu Son, Son's Son, or Son's Son's Son, living (grandson, great grandson) at the time of adoption, likewise in case of adoption of female child, the adoptive parents should not have a Hindu Daughter, or Son's Daughter living at the time of adoption.

Can male major Hindu who is 20 years age adopt female child?
The Hindu Adoptions and maintenance Act 1956, stipulates certain restrictions in case of adoption of female by a male or adoption of male by female. In case of Hindu male adopting a female, the adoptive father must be at least twenty one years older than the female to be adopted. So a male who is twenty years old cannot adopt a female child.


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