Bsa Notes

 Section 11
Necessary conditions to be fulfilled for:

The Hindu Adoption and Maintenance Act prescribes a set of rules for a valid adoption,
which must be complied with. Such as:
1. Adoption of a son
Section 11(i) of the act states that if a Hindu male or female desires to adopt a son, they
must not have a living son, grandson, or even a great-grandson at the time of adoption.
It is irrelevant whether the son is legitimate, illegitimate, or adoptive. They should not
already have a son who is living.
2. Adoption of a daughter
Similar to the conditions of adopting a son Section 11(ii) states that one wishing to adopt a
daughter must not have a living daughter or a granddaughter from their son at the time of
the adoption.
It is immaterial whether the daughter or granddaughter is legitimate, illegitimate, or
adoptive.
3. Adoption of a female child by a male
A Hindu male willing 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 that is to be adopted.
4. Adoption of a male child by a female
If a Hindu female wants to adopt a male child she must first meet the requirements
prescribed in Section 8 of the act and have the capacity to adopt a child.
Also, she has to be at least 21 years older than the child she wishes to adopt.
Other conditions:
When adopting a child a person must comply with some additional conditions along with all
the aforementioned conditions.
These additional conditions are basic and are very important for the welfare of the child.
• Section 11(v) of the act says that the same child can not be adopted by multiple people at
the same time.
• Section 11(vi) states that a child that one wants to adopt must have been given up for
adoption as per the guidelines of this act, by their biological parents or guardian.
• The Section further states that the child shall be given up for adoption with the intention
to transfer him/her from their biological family to the adoptive one.
• In the case of an abandoned child or whose parents are unknown, the intention must be to
transfer him/her from the place or family that they have been brought up to their adoptive
family.
 Section 12:
Effects of adoption:
Adoption will completely change the life of a child in many ways. He becomes a part of a
new family and will have rights in the property as well.
Section 12 of the act states:
• When a child has been adopted,
 They shall be considered as the child of their adoptive parents for all purposes.
 The adoptive parents shall have all the parental obligations and rights.
 The child shall have all the rights and obligations of a son/daughter.
However, there are some conditions that the child must abide by after he has been adopted,
such as:
• He/she must not have an incestuous relationship with anyone from their biological family,
and should not marry anyone from their birth family. The rules of the Hindu Marriage Act,
1955 regarding 'sapinda relation' shall be applicable to them towards their birth family.
• If the child had any property before the adoption, it shall continue to be in their possession
after. However, such property may bring some obligations over him and he shall be liable to
all those obligations, including having to maintain his biological family if required.
• The adopted child shall not deprive any member of his birth family of any property that he
held before the adoption.
It is important for the adoption to be valid to have any effect at all. In Sri Chandra Nath
Sadhu & ors v. The State of West Bengal & ors, the High Court of Calcutta stated that a void
adoption will not create any rights in the adoptive family for anyone that could have been
obtained from a valid adoption, nor any existing rights will end in the child's biological
family.
 SECTION 13:
Rights of adoptive parents to dispose property of their property.:
If adoptive parents wish to dispose of their properties by transfer by gift or will, they are free
to do so and adoption does not stop them. Unless there is an existing agreement that states
the contrary.
 SECTION14:
Who will be the adoptive mother in case of adoption by a male?
We have already discussed that a Hindu male who has a living wife must have her consent
for adopting a child.
• Section 14(1) of the act states that in such cases the wife shall be deemed to be the
mother of the adopted child.
• If a male who adopted the child has multiple wives, the senior-most wife shall be
considered to be the mother of the adopted child while his other wives shall have the status
of stepmothers as stated in Section 14(2) of the act.
• Section 14(3) of the act states that if a child has been adopted by a bachelor or a widower,
the woman he marries if he ever gets married will become the stepmother of the child.
• A widow or bachelorette who adopts a child will be their mother and in case she gets
married to anyone, the man will be deemed to be the child's stepfather as per Section 14(4)
of the act.
 SECTION15:
Can a valid adoption be cancelled?
• When a person has opted for adoption and it has been validly made, there is no way that
they can cancel the adoption.
• Section 15 of the act clearly states that neither the parents can cancel a valid adoption, nor
the child has any right to renounce their adoption and return to their biological family.
• Once a valid adoption is made, there is no going back. It is final.

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 Section 11

Necessary conditions to be fulfilled for:

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