RAYAT BAHRA UNIVERSUTY

FAMILY LAW AASIGNMAENT

Understanding the Hindu Adoption Act of 1956:

SUBMITTED TO : HARPREET KHULLAR

SUBMITTED BY : 2307001155
B.A.LLB 3RD SEM.
SECTION C
 Introduction to the
Hindu Adoption Act
The Hindu Adoption Act of 1956 was a landmark legislation in India,
establishing a formal framework for adoption among Hindus. This Act
aimed to provide a legal basis for adoption, ensuring the rights of
both adoptive parents and adopted children. Understanding its
implications is crucial for comprehending its social impact.
The HINDU Adoption Act 1956 Governs adoption under Hindu law : This act was enacted in the
year 21 december 1956.Adoption has been originally describe in the Manusmriti as' taking someones
else's son and raising him as one's own''
In HINDU Law ,the different provision with respect to adoption are given but in other personal Law
like MUSLIM LAW, Christian Law, Parsis Law ,no separate laws are given so they have to approach
the court for Adoption under the Guardian and Wards Act,1890 Acc.to Juvenile Justice (CARE and
Protection of Children)change act 2006,once a child is separated from his biological parents for
goog and become legitimate child of his adoptive parents he gets all the rights that are related to
bilogical parents.As per HIndu Shastra ,it believed that the adopted son is re lection of the natural
son of adoptive parents so this means that one adoptive child cannot marry the other adoptive
child or the real child of the adoptive parents
SECTIONS FROM 5 TO 17
Section 5 in The Hindu Adoptions And Maintenance Act, 1956 5.
Adoptions to be regulated by this Chapter. —
(1) No adoption shall be made after the commencement of this Act* by or to a
Hindu except in accordance with the provisions contained in this Chapter, and
any adoption made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in the adoptive
family in favour of any person which he or she could not have acquired except
by reason of the adoption, nor destroy the rights of any person in the family of
his or her birth

6. Requisites of a valid adoption.―No adoption shall be valid unless—

*(i) the person adopting has the capacity, and also the right, to take in
adoption;
*(ii) the person giving in adoption has the capacity to do so; (iii) the person
adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in
this Chapter.

Section 7 in The Hindu Adoptions And Maintenance Act, 19567

.Capacity of a male Hindu to take in adoption.—Any male Hindu who is of
sound mind and is not a minor has the capacity to take a son or a daughter in
adoption:Provided that, if he has a wife living, he shall not adopt except with the
consent of his wife unless the wife has completely and finally renounced the
world or has ceased to be a Hindu or has been declared by a court of
competent jurisdiction to be of unsound mind.Explanation.—If a person has more
than one wife living at the time of adoption, the consent of all the wives is
necessary unless the consent of any one of them is unnecessary for any of the
reasons specified in the preceding proviso
 SECTIONS of the Act
Section 8 in The Hindu Adoptions And Maintenance Act, 19568.

Capacity of a female Hindu to take in adoption.—Any female Hindu who is of sound mind and is not
a minor has the capacity to take a son or daughter in adoption:Provided that, if she has a husband
living, she shall not adopt a son or daughter except with the consent of her husband unless the
husband has completely and finally renounced the world or has ceased to be a Hindu or has been
declared by a court of competent jurisdiction to be of unsound mind

Section 9 in The Hindu Adoptions And Maintenance Act, 19569. Persons capable of giving in
adoption. —
(1)No person except the father or mother or the guardian of a child shall have the capacity to give
the child in adoption
(2)Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right
to give a son or daughter in adoption:Provided that such right shall not be exercised by either of
them save with the consent of the other unless one of them has completely and finally renounced the
world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of
unsound mind
(4)Where both the father and mother are dead or have completely and finally renounced the world
or have abandoned the child or have been declared by a court of competent jurisdiction to be of
unsound mind or where the parentage of the child is not known, the guardian of the child may give
the child in adoption with the previous permission of the court to any person including the guardian
himself.
5)Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the
adoption will be for the welfare of the child, due consideration being for this purpose given to the
wishes of the child having regard to the age and understanding of the child and that the applicant
for permission has not received or agreed to receive and that no person has made or given or agreed
to make or give to the applicant any payment or reward in consideration of the adoption except such
as the court may sanction.
 Section 10 in The Hindu Adoptions And Maintenance Act, 1956
10. Persons who may be adopted.—No person shall be capable of being taken in adoption unless the following conditions are

A fulfilled, namely:—
(i)he or she is a Hindu;
(ii)he or she has not already been adopted;

d
(iii)he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are
married being taken in adoption
;(iv)he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits
persons who have completed the age of fifteen years being taken in adoption.

o Section 11 in The Hindu Adoptions And Maintenance Act, 195611. Other conditions for a valid adoption.—In every adoption,

p the following conditions must be complied with:—

(i)if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or
son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii)if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter

t or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii)if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older
than the person to be adopted

i
(iv)if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older
than the person to be adopted
(v)the same child may not be adopted simultaneously by two or more persons
(vi)the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their

o
authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or child whose parentage
is not known, from the place or family where it has been brought up to the family of its adoption:Provided that the performance of
datta homam shall not be essential to the validity of adoption

n
 Adoption Process
Section 12 in The Hindu Adoptions And Maintenance Act, 1956
12. Effects of adoption.—
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 the adoption and from such date all the ties of the child in the family of his or her birth shall be
deemed to be severed and replaced by those created by the adoption in the adoptive family:Provided that—
(a)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;
(b)any property which 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;
(c)the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

Section 13 in The Hindu Adoptions And Maintenance Act, 1956

13. Right of adoptive parents to dispose of their properties.—

Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power
to dispose of his or her property by transfer inter vivos or by will.

Section 14 in The Hindu Adoptions And Maintenance Act, 1956

14. Determination of adoptive mother in certain cases.—(1)Where a Hindu who has a wife living adopts a child, she
shall be deemed to be the adoptive mother
(2)Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among
them shall be deemed to be the adoptive mother and the others to be step-mothers.
(3)Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the
step-mother of the adopted child
.(4)Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be
deemed to be the step-father of the adopted child.
Section 15 in The Hindu Adoptions And Maintenance Act, 1956

15. Valid adoption not to be cancelled.—

No adoption which has been validly made can be cancelled by the adoptive father or
mother or any other person, nor can the adopted child renounce his or her status as
such and return to the family of his or her birth

Section 16 in The Hindu Adoptions And Maintenance Act, 1956

16. Presumption as to registered documents relating to adoption.

Whenever any document registered under any law for the time being in force is
produced before any court purporting to record an adoption made and is signed by the
person giving and the person taking the child in adoption, the court shall presume that
the adoption has been made in compliance with the provisions of this Act unless and
until it is disproved.

Section 17 in The Hindu Adoptions And Maintenance Act, 1956

17. Prohibition of certain payments.—
(1)No person shall receive or agree to receive any payment or other reward in
consideration of the adoption of any person, and no person shall make or give or agree
to make or give to any other person any payment or reward the receipt of which is
prohibited by this section
(2)If any person contravenes the provisions of sub-section (1), he shall be punishable with
imprisonment which may extend to six months, or with ine, or with both.
(3)No prosecution under this section shall be instituted without the previous sanction of
the State Government or an o icer authorised by the State Government in this behalf.
Social Impact of the Act
The Hindu Adoption Act has significantly influenced
social attitudes towards adoption in India. It has
encouraged the acceptance of adoption as a
legitimate means of building families, thus reducing
the stigma associated with it and promoting child
welfare

Challenges and Criticisms

Despite its positive impact, the Act faces challenges
such as lack of awareness, bureaucratic hurdles, and
societal stigma. Critics argue that the Act needs
revisions to address contemporary issues and enhance
the adoption process for all involved.
 MUSLIM ADOPTION ACT
Muslim law does not recognize adoption,
but the Guardians and Wards Act, 1890
can be used to take guardianship of a child:Guardians and Wards Act,
1890A Muslim couple or single parent can take guardianship of a child
under this Act with the court's permission. The child is referred to as a ward
and is not considered the adopter's natural child. The court can also
appoint a guardian for a minor's person or property if there is no natural or
legal guardian.

In India, the Juvenile Justice (Care and Protection of Children) Act, 2015 allows

Muslims to adopt children legally. This secular act applies to all citizens, regardless of their
religion. The act provides a legal framework for adoption, where the adopted child
becomes the legal child of the adoptive parents. The adopted child has all the rights and
responsibilities of a biological child, including inheritance rights. The Supreme Court's 2014
Shabnam Hashmi v Union of India ruling declared that the right to adopt a child under
the Juvenile Justice Act takes precedence over all personal laws and religious codes in
India. Muslims can also take guardianship of a child under the Guardians and Wards Act,
1890. However, in this case, the child is considered a ward and not an adopted child.
 Conclusion
The Hindu Adoption Act of 1956 remains a vital piece of legislation that
has shaped adoption practices in India. Understanding its legal framework
and social impact is essential for fostering a more inclusive society that
values the rights and welfare of all children Recent years have seen
developments in adoption laws and practices in India, aiming to streamline
the process and make it more inclusive. There is a growing recognition of
the need for reforms to adapt to changing social dynamics and improve
child welfare..

Thanks!