Essentials of Adoption in India
✅ Essentials of Adoption in India
Adoption in India is governed by different laws for Hindus and non-Hindus. The two main statutes are:
Hindu Adoption and Maintenance Act, 1956 (HAMA) – for Hindus, Buddhists, Jains, Sikhs.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) – applies to all Indian citizens regardless of religion, and is used especially for inter-country and non-Hindu adoptions.
📘 Under Hindu Law (HAMA, 1956)
✅ Essentials for a Valid Adoption (Section 6 of HAMA):
Capacity to Adopt
Male Hindu can adopt if:
He is of sound mind and a major (18+).
Has consent of his living wife (unless she has renounced the world or is mentally unsound).
Female Hindu can adopt if:
She is unmarried, divorced, or widowed.
If married, she can adopt only with the consent of her husband, unless he is deceased or disqualified.
Capacity to Give in Adoption
Only the father, mother, or guardian (with court permission) can give a child in adoption.
Both parents must consent if alive.
Capacity to Be Adopted
The child must be:
Hindu,
Unmarried,
Below 15 years of age (unless custom permits otherwise),
Not already adopted.
Other Conditions (Section 11)
No existing child of the same sex: A person cannot adopt a boy if they already have a living Hindu son, grandson, or great-grandson. The same applies to adopting a girl.
Age difference: If a male adopts a girl, he must be at least 21 years older than the child. Same applies to a female adopting a boy.
Actual giving and taking ceremony (Datta Homam): There must be a formal transfer of the child.
📘 Under JJ Act, 2015
Allows for secular and inclusive adoption regardless of religion.
Adoption is handled through Child Welfare Committees and Central Adoption Resource Authority (CARA).
Individuals (including single or divorced persons) can adopt legally under this Act.
Ensures that the adoption is in the best interest of the child.
🔍 Key Differences – HAMA vs. JJ Act
| Feature | HAMA, 1956 | JJ Act, 2015 |
|---|---|---|
| Applies to | Hindus, Buddhists, Jains, Sikhs | All religions |
| Consent requirements | Consent of spouse required | Handled through legal process |
| Age of child | <15 years | Up to 18 years |
| Regulation | Personal law | CARA + legal court adoption |
⚖️ Legal Effects of Adoption
Once validly adopted:
Adopted child is deemed the biological child of the adoptive parents.
All ties with the biological family (except in some cases like adoption by relatives) are severed.
The adopted child inherits equally and gets legal status like a natural-born child.
✅ Summary of Essentials:
| Element | Requirement |
|---|---|
| Adopter’s capacity | Sound mind, major, eligible under law |
| Child’s eligibility | Hindu (under HAMA), under 15 (HAMA) or 18 (JJ) |
| Consent | Required from spouse or parent(s) as per law |
| Legal process | Registered, with formal ceremony or court order |
| Effect | Full legal transfer of parental rights |
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