Effect of Valid Adoption Under Hindu Law

Effect of Valid Adoption
Under Hindu Law

Effect of adoption
Adoption results in the transfer of the child from the family of its birth to the
family of its adoption. The ties in the family of birth are severed and replaced in
the family of adoption. However, the child cannot marry any person whom he
or she could not have married if he or she had continued in the family of his or
her birth. Any right vested in the adopted child before adoptions continues in
such person even after adoption. The adopted child does not divest any person
of any estate which has already been vested in such person before the adoption.
This is a radical departure from the shastric Hindu law. Formerly the adopted
son could divest in many cases when adoption was made by a widow, by a legal
fiction the adoption related back to the date of the death of the husband of the
adoptive mother. Now the adoption operates from the date on which the child
was taken in adoption.
Section 12 of the Hindu Adoption and Maintenance Act,1956
Section 12 of the Act deal with the Legal effects of valid adoption. When there
is valid adoption, the child is deemed to die in the natural family, and to be
reborn in the adoptive family. His rights in the natural family are destroyed, and
he acquires in the adoptive family. An adopted child becomes the child of the
adoptive family for all purposes from the date of adoption. In fact, he is deemed
to be natural son.
Marriage: To adopted child's relationship with the natural family continues for
purpose of marriage. A child cannot marry anybody whom he or she could not
have married in the natural family.
Vesting in Natural Family: Any property vested in the adopted child prior to
adoption is not divested by adoption for e.g., A, B and C are brothers in a hindu
joint family. All of them inherit some properties from their maternal
grandmother. They hold these properties in common; with rights so equal share.
‘A' is adopted. Now, the one third share vested in ‘A' is not divested by
adoption. He takes his one third share to the adoptive family, but subject to
obligations attached to the property.
Divesting in Adoptive Family: When the adopted son acquires a right by birth
to the ancestral property in the hands of the adoptive father. But in the self-
acquired property of the adoptive father the adopted son does not acquire any
right. The adoptive father con freely disposes of his self-acquired property.
Section 12 of the act lays down “An adopted child shall be deemed to be
the child of his or her adoptive father or mother for all purposes with effect
from the date of adoption and from such date all the ties of the child in the
family of his or her birth shall be deemed to be served and replaced by those
created by the adoption in the adoptive family.”
In the Natural family
Under Hindu law, both old and new, the adoption of the child means that the
child is totally uprooted from the natural family and transplanted in the new
family.
The child is now deemed to be the child of the adoptive family rather than that
of his or her natural family.
Relationship with the members of the natural family
For secular, religious, or civil purposes, the adopted child ceases to be the child
of the natural family. His father or mother ceases to be his parents and all the
relation from father’s side and mother’s side ceases to be existed from the date
of the adoption.
Only the tie which he retains with his natural family is that he cannot marry any
person in his natural family whom he could not have married before his
adoption.
The right of guardianship of natural parents ceases to exist as with the effect
from the date of adoption, whatever be the age of the child.
Even if the child is below 5 years of age, it’s natural mother cannot claim it’s
custody which she would be entitled to otherwise under the provision to section
6(a), Hindu Minority and Guardianship Act,1956.
Divesting of property
Provision of section 12 (b) of the act provides that any property which is vested
in the adopted child before the adoption shall continue to vest in such person
subject to the obligations, if any, attaching to the ownership of such property,
including the obligation to maintain relatives in the family of his or her birth.
Thus, any property that the child inherited from any relation before adoption
will continue to be his property even after adoption.
In the Adoptive family
The adopted child is deemed to be the child of the adopter for all the purposes.
His position for all intents and purposes is that of a natural born son he has the
same rights, privileges and the same obligation in the adoptive family.
Relationship with the members of the adoptive family
The adoption in Hindu law means complete transplantation of the child in the
adoptive family from the natural family.
This means that is not merely the child of adoptive parents but he is also related
to all the relations on the father’s side as well as mother’s side as if he is the
natural-born child of the family.
Father’s and mother’s parents are his or her grandparents.
But under the modern law as well as under the old Hindu law, if an unmarried
person, a bachelor, adopts a child, the child will only have one parent, adoptive
father or mother, and he will have only one line paternal or maternal as the case
may be.
Divesting of property
Section 12(c) specifically lays down that the child shall not divest any person of
any estate which is vested in him or her before the adoption.
The old Hindu Law of divesting of property on adoption was very complicated
and a constant source of litigation.
Under the modern Hindu law, this source of litigation and consequent
dissentions in the Hindu families have been done away with by laying down
that the adopted child cannot divest any person of the properties vested in him
or her before adoption.
Guardianship, inheritance and maintenance
The adoptive parents are the natural guardians of their adopted minor child, first
the father, then the mother.
If the adopted child is less than five years than the adoptive mother will have a
preferential claim to the custody of the child.
The position of an adopted child in respect of inheritance and maintenance is

the same as that of the natural-born child, if there is an adopted child and a
natural child, both will inherit equally.
Conclusion
The child who is being adopted by the adoptive family is the natural child of the
adoptive family having all the rights and obligations as that of a natural born
child.

Effect of Valid Adoption Under Hindu Law

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Effect of Valid Adoption Under Hindu Law

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Effect of Valid Adoption

Under Hindu Law

In the Natural family

Relationship with the members of the natural family

In the Adoptive family

Relationship with the members of the adoptive family

Father’s and mother’s parents are his or her grandparents.

Guardianship, inheritance and maintenance

The position of an adopted child in respect of inheritance and maintenance is

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