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    Adoption

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    ayan lekhi
    1) Adoption was traditionally practiced under Hindu law to allow males to continue their family lineage and perform necessary religious rites. 2) The Hindu Adoptions and Maintenance Act of 1956 reformed adoption laws, removing religious requirements and allowing both males and females, including widows and divorcees, to adopt under certain conditions. 3) A valid adoption under the Act requires the consent of adoptive parents, the ability of the child to be adopted, and that the adoption is performed according to procedures set out in the Act.

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    Adoption

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    ayan lekhi
    172 views16 pages
    1) Adoption was traditionally practiced under Hindu law to allow males to continue their family lineage and perform necessary religious rites. 2) The Hindu Adoptions and Maintenance Act of 1956 reformed adoption laws, removing religious requirements and allowing both males and females, including widows and divorcees, to adopt under certain conditions. 3) A valid adoption under the Act requires the consent of adoptive parents, the ability of the child to be adopted, and that the adoption is performed according to procedures set out in the Act.

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    1) Adoption was traditionally practiced under Hindu law to allow males to continue their family lineage and perform necessary religious rites. 2) The Hindu Adoptions and Maintenance Act of 1956 reformed adoption laws, removing religious requirements and allowing both males and females, including widows and divorcees, to adopt under certain conditions. 3) A valid adoption under the Act requires the consent of adoptive parents, the ability of the child to be adopted, and that the adoption is performed according to procedures set out in the Act.

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    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    172 views16 pages

    Adoption

    Uploaded by

    ayan lekhi
    1) Adoption was traditionally practiced under Hindu law to allow males to continue their family lineage and perform necessary religious rites. 2) The Hindu Adoptions and Maintenance Act of 1956 reformed adoption laws, removing religious requirements and allowing both males and females, including widows and divorcees, to adopt under certain conditions. 3) A valid adoption under the Act requires the consent of adoptive parents, the ability of the child to be adopted, and that the adoption is performed according to procedures set out in the Act.

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    of 16

    ADOPTION UNDER HINDU

    LAW
    INRTODUCTION
     Desire of male offspring was natural

     Vedas declares”Endless are the world of those who


    have sons;there is no place for the man who is destitute
    of male offspring”.

     Object was to extend spiritual benefit to the father and


    to continue the lineage.
    NEED TO ADOPT A CHILD
     Desire
     Continuity of family
     Son delivers father from hell
     Attainment of heaven
     Duty to get by any means
    adoption
     MANU:”A son equal in caste and affectionately
    disposed whom his mother or father give with water at
    a time of calamity is known as Dattaka son”
     Transplantation of son from family where he is born to
    another family where he is given by natural parent by
    way of gift.
     PRIVY COUNCIL observed that:foundation of
    doctrine of adoption is duty which every hindu owes to
    his
    a.Ancestors to provide for the continuance of the line
    b.solemnisation of neccessary rites.
    c.Substitution of son for spiritual reason
    d.Devolution of property
    Adoption under present hindu law
     Legislature passed with secular object
     HINDU ADOPTIONS AND MAINTENANCE ACT
    1956
     Changes incoporated into Act were demanded by
    society
     All adoptions shall be made in accordance with
    provisions of Act.
     Act does not recognise any ceremony
    HINDU ADOPTIONS AND MAINTENCE ACT
    1956
    FEATURES:
     Female may be adopted
     Divorcee,widow,virgin entitled to adopt
     Male adopt only with the consent of wife
     Father cannot give child in adoption
     Adoptee age –below 15 yrs
     Datta homam-not necessary
     Adoptive father,mother not deprived of power to
    transfer property
     Age of difference =21 yrs
    ESSENTIALS OF VALID ADOPTION
     Person adopting must have

    capacity and right to take adoption


     Person giving must have capacity to do so.
     Person adopted must be capable of being taken in
    adoption
     Adoption must be in accordance with other conditions
    u/s 11
    CAPACITY OF MALE TO ADOPT-SEC 7
     Male –hindu,sound mind, not minor has capacity to
    adopt son or daughter
     CONDITION:only with consent of wife
     Except
    1.renounced the world
    2.ceased to be hindu
    3.declared as unsound mind
    WIFE: legally wedded,wife living separately,wife of
    voidable marriage
    CAPACITY OF FEMALE TO ADOPT
    Old concept-power was restricted
     She could not adopt w/o assent of husband
     She was deemed to act as agent of husband
     Adoption by widow was made only with of specified person
    with condition precedent
    Present law-
     Widow get right to adopt without any such authority
     Act authorize maiden,widow,divorced women
     Sec 8
    Any female –sound mind-not minor-not married –if
    married-marriage dissolved-husband dead-
    renounced world-ceased to be hindu-declared to
    unsound mind –has capacity to adopt son and
    daughter
    RIGHT OF MALE/FEMALE TO
    ADOPT SEC-11
     Other conditions of valid adoption
     If adoption is of son –father/mother must not have –son
    ,son’s son,son’s son’s son(legitimate)
     If adoption is of daughter-father/mother must not have
    daughter,son’s daughter(legitimate/adopted)
     Adoption by male of female –male must be 21 yrs older
     Adoption by female of male –female must be 21 yrs older
    than male child
     Same child –not adopted simultaneously by two persons
     Ceremony-given and taken
    Who may give in child adoption
    1.father and mother or guardian-capacity to give
    2.Father has right with consent of mother unless
    ------renounced,ceased,unsound mind
    3.Mother has right if father is
    ----dead,renounced,unsound mind
    4.If father and mother are
    dead,renounced,abondoned,unsound mind,parentage
    not khown—then guardian may give with permission
    of court.
    WHO MAY BE ADOPTED
     Hindu
     Not already adopted
     Has not been married
     Age below 15 yrs
    Atluri Brahmanandam (d)Vs. Anne Sai Bapuji :AIR 2011 sc 545
    Held--Section 10(IV) of Hindu Adoption and maintenance Act, provides that a
    person to be adopted should not have completed 15 years of age--But if there is
    custom or usages applicable to the parties permitting person who have
    completed the age of 15 years being taking adoption than such a person could
    also be validly adopted.
    Ratio Decidendi:
    "If any adoption is made according customs prevalent at that time then
    presumption will arise in favour of such adoption."
    Ceremonies under present law
     Sec-11(iv)
    the child to be adopted must be actually given and
    taken in adoption by parent or guardian or under their
    authority with intent to transfer the child from the
    family of its birth or in case of abondoned child or
    child whose parentage is not known from the place or
    the family where it has been brought up to the family
    of its adoption
     Provided datta homam shall not be essential to the
    validity of adoption.
    Effect of adoption
     Child adopted becomes child of both spouse
     Adopted child deemed to be natural born child from date
    of adoption for all purposes
    -Basavarajappa v. Gurubasamma, (2005) 12 SCC 290.
     From such date all the ties of the child shall be deemed to
    be severed and replaced by those created by adoption
     Child cannot marry any person whom he could not have
    married if he continued in the family of his birth
     Property vested in adopted child before adoption shall
    continue to vest
     Adoption shall not deprive adoptive f/m of power to
    dispose by gift or will.
    Ghisalal Vs. Dhapubai (Dead) by L.Rs. and Ors.
    AIR2011SC644

     Whether mere presence of wife in the ceremonies


    performed by her husband for adoption amounted to
    her consent as contemplated by the proviso to Section
    7 of the Hindu Adoptions and Maintenance Act —
    Held, Consent of wife is mandatory for taking into
    adoption by a male Hindu under proviso of Section 7
    of the Hindu Adoptions and Maintenance Act
     “No valid consent can be said to be given to
    adoption made by husband, when the wife was
    just a mute spectator in the process .”
    Re : Payal @ Sharinee Vinay Pathak 2009 (10) LJSOFT (URC) 9)
    2010(1)BomCR434, 2009(111)

    Issue
     whether a Hindu couple governed by the Hindu Adoptions and
    Maintenance Act 1956, with a child of their own can adopt a child
    of the same gender under the provisions of the Juvenile Justice
    Act of 2000.
     RatioDecidendi:
    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.

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