FAMILIES THAT WANT TO ADOPT
There is no mention of the term “adoption” in the Act, but it is a Hindu law derived from the uncodified Hindu laws of the scriptures, especially Manusmriti.
Adoption has been described in Manusmriti as ‘taking someone else’s son and raising him as one’s own’.
The Hindu Adoption and Maintenance Act expands the definition of ‘adoption’ by using the word ‘child’ in place of ‘son’. Child includes both a girl and a boy, not just a son.
There was a need for a codified and uniform law to serve democracy with the changes in society over time, hence no adoption can be made without the process described in this Act. If the adoption is made in contravention of this Act, the adoption shall be deemed void.
Adoption will be valid only if it is done in compliance with this Act.
Who can adopt a child?
To adopt a child, a person must be a Hindu and have the capacity to adopt. A Hindu male wishing to adopt a child must fulfill the requirements provided in Section 7 of the Act and a Hindu female wishing to adopt must comply with Section 8 thereof.
Capacity of a Hindu male to adopt
Section 7 states that a Hindu male who wishes to adopt a child must satisfy the following conditions:
attained the age of majority; And
Be of healthy mind. FAMILIES THAT WANT TO ADOPT
There must be a living wife whose consent is absolutely necessary.
If the wife is incapable of giving consent due to insanity or other reasons, it can be ignored.
If a person has more than one wife then the consent of all the wives is necessary for adoption.
In Bhola and others vs. Ramlal and others, the plaintiff had two wives and the validity of the adoption was in question because he had not obtained the consent of one of the wives before the adoption.
The plaintiff’s argument was that his wife had absconded and could be considered dead.
The High Court of Madras found that the plaintiff’s wife had eloped but she could not be considered dead unless she had been tried for at least seven years. It was held that as long as the wives were alive, the consent of each wife was required for a valid adoption.
If the wife has converted to another religion or has renounced the world, her consent is not necessary for adoption. But, it is mandatory for a Hindu man to have a living wife to adopt children.
Ability of a Hindu woman to adopt
Section 8 of the Act states that a Hindu woman who wishes to adopt a child may:
has attained the age of minority;
Having a healthy mind;
Either be a widow; FAMILIES THAT WANT TO ADOPT
divorced, or
Single for adoption.
If her husband is alive, she does not have the ability to adopt a child.
Who can give a child for adoption?
According to Section 9 of the Hindu Adoption and Maintenance Act, no one other than the parents and guardian of the child can give them up for adoption.
FUNDAMENTAL RIGHTS मौलिक अधिकार
According to the Act:
Only the child’s biological father has the right to give him up for adoption;
The consent of the child’s biological mother is required.
A mother will have the ability to give a child up for adoption if:
The father is either dead;
Of unsound mind;
Gave up the world; Or
Converted to some other religion.
The section clearly mentions that father and mother means biological parents and not adoptive parents. The adoptive father or mother cannot give the child up for further adoption.
Can parents give the child up for adoption?
Guardian as defined in section 9 of the Act means the parents of the child or a person appointed by the court to have the care of the child and his property. If the child’s biological parents are either dead, have abandoned the world, lost their mind or have abandoned them – they may be given up for adoption by foster parents.
But for a parent to adopt a child, he or she must have the court’s permission to do so. To grant such permission, the court must be satisfied that: FAMILIES THAT WANT TO ADOPT
Adoption is for the welfare of the child;
No payment in any form has been made in exchange for the child.
When is adoption legal?
Under the Hindu law of adoption, only a Hindu can adopt a child if he fulfills the essentials laid down in Section 6 of the Act:
Adoptive parents have the capacity and authority to adopt;
A person giving up a child for adoption has the capacity to do so;
The person being adopted has the capacity to be adopted;
Adoption is done as per the Act.
Adoption will be valid only if these requirements are fulfilled.
Conditions to be fulfilled for this:
The Hindu Adoption and Maintenance Act sets out a set of rules that must be followed for a valid adoption to take place. Such as:
adopt a son
Section 11(i) of the Act states that if a Hindu male or female wishes to adopt a son, he or she should not have a son, grandson or great-grandson alive at the time of adoption.
It is irrelevant whether the son is legitimate, illegitimate or adopted. He should not have a son already alive.
adopt a daughter
Similar to the conditions for adopting a son – Section 11(ii) states that a person wishing to adopt a daughter should not have a living daughter or granddaughter from his son at the time of adoption.
It is immaterial whether the daughter or granddaughter is legitimate, illegitimate or adopted.
Adoption of a female child by a male
A Hindu male wishing to adopt a girl child must have the capacity to adopt a child as prescribed in Section 7 of the Act, and Section 11(iii) states that he must be at least 21 years older than the girl child. Needed Needed. Adopted.
Adoption of a male child by a female
If a Hindu woman wishes to adopt a boy, she must first meet the requirements set out in Section 8 of the Act and must have the capacity to adopt the child. FAMILIES THAT WANT TO ADOPT
Also, she should be at least 21 years older than the child she wants to adopt.
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