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Effect Of Valid Adoption Under Hindu Law

Section 12 of the act lays down “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 adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be served and replaced by those created by the adoption in the adoptive family.”

In the Natural family

Under Hindu law, both old and new, the adoption of the child means that the child is totally uprooted from the natural family and transplanted in the new family.

The child is now deemed to be the child of the adoptive family rather than that of his or her natural family.

Relationship with the members of the natural family

For secular, religious, or civil purposes, the adopted child ceases to be the child of the natural family. His father or mother ceases to be his parents and all the relation from father’s side and mother’s side ceases to be existed from the date of the adoption.

Only the tie which he retains with his natural family is that he cannot marry any person in his natural family whom he could not have married before his adoption.

The right of guardianship of natural parents ceases to exist as with the effect from the date of adoption, whatever be the age of the child.

Even if the child is below 5 years of age, it’s natural mother cannot claim it’s custody which she would be entitled to otherwise under the provision to section 6(a), Hindu Minority and Guardianship Act,1956.

Divesting of property

Provision of section 12 (b) of the act provides that any property which is 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.

Read – Ceremonies Of Adoption Under Hindu Law

Thus, any property that the child inherited from any relation before adoption will continue to be his property even after adoption.

In the Adoptive family

The adopted child is deemed to be the child of the adopter for all the purposes . His position for all intents and purposes is that of a natural born son he has the same rights , privileges and the same obligation in the adoptive family.

Relationship with the members of the adoptive family

The adoption in Hindu law means complete transplantation of the child in the adoptive family from the natural family.

This means that is not merely the child of adoptive parents but he is also related to all the relations on the father’s side as well as mother’s side as if he is the natural-born child of the family.

Father’s and mother’s parents are his or her grandparents.

But under the modern law as well as under the old Hindu law, if an unmarried person, a bachelor or a virgin, adopts a child, the child will only have one parent, adoptive father or mother, and he will have only one line paternal or maternal as the case may be.

Divesting of property

Section 12(c) specifically lays down that the child shall not divest any person of any estate which is vested in him or her before the adoption.

The old Hindu Law of divesting of property on adoption was very complicated and a constant source of litigation.

Under the modern Hindu law, this source of litigation and consequent dissentions in the Hindu families have been done away with by laying down that the adopted child cannot divest any person of the properties vested in him or her before adoption.

Guardianship, inheritance and maintenance

The adoptive parents are the natural guardians of their adopted minor child, first the father, then the mother.

If the adopted child is less than five years than the adoptive mother will have a preferential claim to the custody of the child.

The position of an adopted child in respect of inheritance and maintenance is the same as that of the natural-born child, if there is an adopted child and a natural child, both will inherit equally.

Conclusion

The child who is being adopted by the adoptive family is the natural child of the adoptive family having all the rights and obligations as that of a natural born child.

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Summaiya

Content Writer, Law Corner, B.A.LL.B(Hons), 5th Semester, Unity Law and PG college

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