Concept of Adoption under Hindu Adoption and Maintenance Act, 1956
Concept of Adoption under Hindu Adoption and Maintenance Act, 1956
What is Adoption?
Adoption is the legal process by which a person takes another person (usually a child) into their family, making them a legal child with all rights and duties.
Adoption creates a parent-child relationship between the adopter and the adopted, as if the adopted child were born to the adopter.
Key Provisions of the Act
The Hindu Adoption and Maintenance Act, 1956 governs adoption among Hindus, Buddhists, Jains, and Sikhs.
Essentials of a Valid Adoption (Section 6)
Adopter Must Be Hindu:
Only a Hindu can adopt a child under this Act.
Capacity of the Adopter:
Must be of sound mind and capable of giving consent.
Cannot adopt if already having 2 children (exceptions apply).
Consent:
Consent of the adopter is necessary.
Consent of the biological parents (if alive) may be required in some cases.
Adopted Child:
Can be a male or female child.
Must be Hindu.
The child must be younger than the adopter.
Prohibition on Adopting a Child Who Is Already a Hindu Adopted Child:
A person cannot adopt a child who is already adopted under this Act.
Adoption of a Male Child:
The male adopter should be capable of performing the religious rites for the child.
Rights of the Adopted Child
The adopted child acquires all the rights and liabilities of a natural-born child.
Has a right to inherit the property of the adoptive parents.
The adoption severs the legal relationship with the biological parents for inheritance purposes.
Effect of Adoption
Adopted child becomes part of the Hindu Undivided Family of the adopter.
Child inherits from the adopter’s estate like a natural child.
Adoption is irreversible, except under specific court orders.
Who Can Adopt? (Section 7)
A male Hindu who is of sound mind and not a minor.
A married female Hindu with the consent of her husband.
A widow or unmarried woman of sound mind.
Types of Adoption
Full Adoption: Complete severance from biological parents and full rights in adoptive family.
Partial Adoption: Sometimes customs recognize limited adoption rights, but legally full adoption is recognized.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Hindu Adoption and Maintenance Act, 1956 |
| Eligible Adopters | Hindu males, married females (with consent), widows |
| Eligible Adopted Child | Hindu child, younger than adopter |
| Consent Needed | Adopter’s consent, sometimes biological parents |
| Effect | Full parent-child relationship; inheritance rights |
Important Case Law
Harvinder Kaur v. Harmander Singh (1984): Established the right of a married Hindu woman to adopt with her husband’s consent.
Shiv Shankar v. State of Rajasthan (1976): Adoption severs biological inheritance rights.
RELATED Blog
0 comments