Adoption: Meaning and Laws on Adoption

What is Adoption?

Adoption refers to the formal legal procedure through which individuals who lack a biological relationship establish a parental connection, thereby assuming the rights and responsibilities associated with parenthood. Adoption involves taking a child into one’s family and raising them as their own. Historically, adoption was primarily aimed at ensuring the continuation of family traditions, including the performance of funeral rites, and preserving the family’s lineage. The idea of adoption has undergone significant transformation. Adoption, like other social institutions, is primarily a result of historical and evolutionary processes. Reforms to traditional Hindu law were witnessed, one of which was codified legislation on adoptions known as the Hindu Adoptions and Maintenance Act, 1956.

Key Takeaways:

• Adoption refers to the procedure by which an adopted kid is permanently separated from his biological parents and becomes the adoptive parents’ lawful child, with all of the rights, benefits, and other obligations that come along with a biological child.
• The Hindu Adoptions and Maintenance Act was enacted in the year of 1956. HAMA was a part of the Hindu Code Bill.
• The Hindu Adoptions and Maintenance Act specifically deals with the legal process of a Hindu adult adopting children.
• Adoption laws vary by community, different communities have their statutes.

Hindu Adoption and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act covers the legal procedure of Hindu adoption as well as the legal obligations that follow, such as the support of children, spouses, and in-laws. This act also governs similar legislation in India for Hindus, Jains, Sikhs, and Buddhists.

Adoption is described as the act or process of establishing a legal connection between a child and a parent who is not the child’s biological parent, with the adult receiving custody of the child. Adopted children have the same rights as the natural children of adoptive parents, including the capacity to inherit. The Act sheds light mainly on the following areas; what is a valid adoption?, who can adopt children?, procedure of adoption.

Conditions for a Valid Adoption

Only Hindus can adopt under the Hindu Adoption and Maintenance Act 1956, provided they satisfy specific standards. According to the terms of this Act, no adoption shall be valid unless the following conditions are met:

• The individual adopting must have both the capacity and the legal right to adopt.
• The individual making the adoption must be able to adjust.
• The adopted person must be capable of being adopted.
• The adoption must be conducted under the requirements of the Hindu Adoption and Maintenance Act 1956.

What is Valid Adoption?

A child can be adopted under Hindu law only if the following conditions are met:

• The child must be Hindu.
• The child had never been adopted.
• The youngster is under the age of fifteen.
• The child should not get married.

Law on Adoption for Other Religions and Communities

1. Adoption under Muslim Law

• Adoption has no meaning in Islam and is not recognized under Muslim law. In the landmark decision of Muhammad Allahabad Khan v. Muhammad Ismail, it was stated that there is nothing in Muslim law that is comparable to adoption as recognized by the Hindu system.
• The closest equivalent to adoption in Muslim law is ‘Acknowledgement of Paternity’. The distinction between the two is that in adoption, the adoptee is the known son of another person, but in acknowledgement, one of the requirements is that the acknowledgee is not the known son of another.
• However, under the Guardian and Ward Act 1890, an adoption from an orphanage is permitted by the courts for the protection and care of minors.

2. Adoption under Parsi and Christian Law

• Similar to Muslim law, Parsis in India do not recognize adoption; however, they can adopt a child from an orphanage with the authorization of the relevant court under the Guardian and Ward Act 1890.
• Adoption is not acknowledged in Christianity, either. Adoption is a personal law issue since it involves a child’s legal affiliation. Christians, like Muslims and Parsis, can adopt a child from an orphanage with the court’s authorization under the Guardian and Ward Act 1890. According to the Act, Christians can only take a child into foster care.
• When the kid reaches the age of 21, he or she has the option of continuing to live with the guardian or terminating all relationships. Also, such a child has no legal claim to inherit the property.

Adoption-FAQs

What is adoption?

Adoption is the legal process through which individuals who are not biologically related become recognized as family. It involves taking a child into one’s family and raising them as one’s own. Adopted kids have the same rights as biological ones, like inheriting property.

What is the Hindu Adoption and Maintenance Act, 1956?

The Hindu Adoption and Maintenance Act, 1956 is legislation that governs adoption within the Hindu community in India. It outlines the legal procedures for adoption, the qualifications for adoptive parents, and the rights and obligations of both the adoptive parents and the adopted child.

Who can adopt under Hindu law?

According to the Hindu Adoption and Maintenance Act, 1956, only Hindus can adopt, provided they meet specific standards. The individual adopting must have the legal capacity and right to adopt, must be able to provide for the child’s needs, and the adoption must be conducted in accordance with the Act.

What are the conditions for a valid adoption under Hindu law?

For a valid adoption under Hindu law, several conditions must be met. The child must be Hindu, must not have been previously adopted, must be under the age of fifteen, and must not be married at the time of adoption.

How does adoption differ under Muslim, Parsi, and Christian law?

Adoption is not recognized under Muslim, Parsi, or Christian law in the same way as under Hindu law. Instead, guardianship may be permitted under specific laws, such as the Guardian and Wards Act, 1890. Muslims may acknowledge paternity, while Parsis and Christians may take children into their care through guardianship, but without creating the same legal relationship as adoption.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.