Adoption in Hindu Law

Adoption in Hindu Law
Children are thought to be a source of joy, and the country's future is dependent on them.
Meanwhile, children born in India are pampered, cared for, and provided with all of the
necessities for their overall growth, while over 60,000 children are abandoned in India each
year. It is a tragic state of affairs when some of these children become victims of human
trafficking and sexual abuse, while others are brought to an adoption agency and given hope
for a better life while waiting to be adopted. A parent's greatest joy comes from having a child.
Adoption seems to be the most efficient means of obtaining this happiness.
Adoption is a wonderful option for single parents, childless adults, and homeless children alike.
It allows individuals who are not physically related to form a parent-child bond. The Hindu
Adoption and Maintenance Act 1956 is the only personal law in India that deals with adoption.
Some personal laws, such as Muslim, Parsi, and Christian, do not allow for adoption. This
research paper examines other legal guidelines relating to adoption, as well as the gaps and
flaws in those provisions. It also discusses the role of the judiciary in defining the adoption
scenario in India.
Introduction
Adoption is a legal procedure in which a child is placed with a married couple or a single
woman who agrees to raise and care for the child. Adoption is a legal way for people who are
not related by blood to establish a parent-child relationship. This two-way method has aided in
the conception of a child for childless couples. Adoption is the formal process of putting an
infant with a parent or parents other than the biological parents for the rest of their lives.
The parental duties and rights of the parents are severed when a child is adopted, and those
responsibilities and rights are transferred to the adoptive parents. It is a globally recognised
institution. Adoption is stated in almost all religions and mythologies in some way. In today's
world, the idea of adoption has evolved from providing a child to the orphaned to providing a
home to the homeless.
Adoption In Hindu Law

Only members of the Hindu community had access to adoption as a legal term. Also, where
personal laws permit such adoption for any part of the polity, there is an exception. A large
portion of the population could only serve as children's legal guardians. There have been many
progressive improvements as a result of the new concept's adoption. , such as female Hindu
adoption, adoption eligibility for girls, and so on. Because of our country's multicultural,
multilingual, and multi-religious sentiments, recognising all complexities and uniformly
implementing an effective adoption policy has been a difficult job.
With the rise of humanity, adoption will be used to ensure the right to family for orphaned,
neglected, and surrendered children; the process of adoption will have an effect on secular as
well as religious conditions. The main goal of adoption was to ensure that one's burial rights
were carried out and that one's lineage was preserved. Adoption has recently become the
safest way for a child who has been separated from his or her maternal family to re-establish a
family. Various international human rights treaties specifically state the constructive obligation
to provide care and assistance to children.
Adoption rates in India have always been low, but they have decreased in recent years:
According to the government's Central Adoption Resource Authority (CARA) adoption statistics,
there were 5,693 in-country adoptions in 2010, but just 3,276 in-country adoptions in 2017-
2018. These are appalling statistics for a country with such a large population. According to the
Indian Society of Assisted Reproduction, there are actually just around 20000 parents waiting to
adopt, compared to the 27.5 million couples actively seeking to conceive but suffering infertility.
Adoption Under Old Hindu Law

According to Old Law, a man could adopt a boy without the consent of his wife. But, a woman
could not adopt during life time of her husband or after his death except under authority given
to her by the husband or with the consent of his sapindas. The adopted son should be of the
same caste. An illegitimate boy or congenitally deaf and dumb boy could not be adopted. Only
parents could give a boy in adoption. A daughter could not be adopted. There was no age
restriction between the adopter and adoptee.
Adoption Under Modern Hindu Law

The Hindu Adoptions and Maintenance Act, made adoption a secular institution. The Act lays
down various provisions relating to Adoption (and Maintenance). The Act removed the
restrictions under Old Law. Under the Act, girl also can be taken in adoption.
Requisites Of A Valid Adoption
1. The person adoption (taking in adoption) must have capacity to do so and shall also
have a right to take in adoption
1. The person giving in adoption must have the capacity (and right) to do so.
2. The person adopted is capable of being taken in adoption
3. The adoption is made in compliance with the conditions in Chapter-II of the Act (The
Hindu Adoptions and Maintenance Act,1956)
 Under Section 7 and 8 of the Hindu adoption and maintenance act deal with capacity of
male and female Hindu respectively to take In adoption
 Under Section 9, the father, the mother or guardian can give a child in adoption; subject
to certain restrictions
 Section 10 provides for the capacity of a child or person to be adopted
Effects/Consequences Of Adoption (Section 12)

After adoption, the adopted child becomes the aurasa son of his adoptive parents and gets
disqualified to perform Sradha, Pinda Karma of his natural parents. Section 12 of the Hindu
adoptions and maintenance act, 1956 deals with the effects/consequences of the adoption
1. An Adopted child is deemed to be the natural born child of his/her adoptive

father/adoptive mother.
2. All the ties of the adopted child with the original family stand extinguished from the date
of adoption (i.e. Kinship disappears in the original family and is born in the adaptive
family). This rule is subject to the following exceptions:
3.
0. The Child cannot marry any person, whom he/she could not have married prior
to the adoption.
1. The property vested in the child prior to the adoption shall continue to vest,
subject to the obligations.
2. The adopted child shall not divest any person in the adoptive family of any
estate, which is vested in him/her before the adoption. (i.e. the adoption of child
does not affect the rights and the members of the adoptive family).
Under Section 13 of the Hindu Adoptions and Maintenance Act, 1956 makes provisions for the
Ante-Adoption Agreement.
Darshana Gupta Vs. None and Ors. AIR 2015 Raj 105
Held, When the child to be adopted is orphaned, abandoned or surrendered child or a child in
need of care and protection as defined in Juvenile Justice Act, the bar imposed by Section 11 (i)
and (ii) of Hindu Adoption and Maintenance Act does not bar the Hindu having biological child
from adopting the child of same gender. In changed social scenario, Acts were liable to be
construed harmoniously to ensure rehabilitation and social reintegration of orphaned,
abandoned and surrendered children - Therefore, adoption of child girl to Appellant was held
maintainable

Adoption in Hindu Law

Uploaded by

Copyright:

Available Formats

Adoption in Hindu Law

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Adoption in Hindu Law

Uploaded by

Copyright:

Available Formats

Adoption in Hindu Law

Adoption In Hindu Law

Adoption Under Old Hindu Law

Adoption Under Modern Hindu Law

Requisites Of A Valid Adoption

Effects/Consequences Of Adoption (Section 12)

1. An Adopted child is deemed to be the natural born child of his/her adoptive

You might also like