Adoption is deal with ‘The Hindu Adoption And Maintenance Act, 1956’. Every Hindu governs this Act and Every Adoption should be according to this Act. If any Adoption contravention of this Act so that Adoption is void. Before the commencement of this Act the procedure of Adoption is too simple, that time the parents put their child in the adoptive parents’s lap and there is no further procedure like registration, rule, etc., but the procedure of Adoption is not simple after the commencement of this Act it is necessary to registered and documentary procedure and it is a benefit for the child because of this the Adoptive parents cannot do any immoral things with the children and According to this Act, not any charge for the Adoption and of any person do the adoption by payment or reward so that is punishable.
REQUISITES OF A VALID ADOPTION
It is defined under section -6 of the Hindu Adoption And Maintenance Act,1956, this section said that no adoption shall be valid unless-
- The person adopting has the capacity, and also the right, to take in adoption;
- The person giving in adoption has the capacity to do so;
- The person adopted is capable of being taken in adoption; and
- The adoption is made in compliance with the other conditions mentioned in this chapter.
ELIGIBILITY OF A MALE HINDU TO TAKE ADOPTION
It is defined under Section- 7 of the HAMA, it is defined that-
- Any male Hindu who wants to take adoption, he should be sound mind and financially well.
- Any male Hindu who wants to take the adoption, he should be major and he has the capacity to take a son or daughter in adoption.
- Male Hindu who wants to take adoption, he can be either married or unmarried.
If the Male Hindu marital status is unmarried so for taking the adoption there is no need to consent of anyone.
If the Male Hindu marital status is married so for taking the adoption, he has to take the consent of his wife.
Exception: It is the exception of this para when the consent of the wife is not necessary for Adoption that-
- When the wife is unsound mind.
- When she has converted her religion and now she is not a Hindu.
- When she has renounced the world.
Explanation of Section-7
If a person has more than one wife at the time of adoption so for a valid adoption the consent of all wife is necessary but some reasons here when the consent of any one of them is unnecessary like she is unsound mind, she has renounced the world and she has converted her religion.
ELIGIBILITY OF A FEMALE HINDU TO TAKE IN ADOPTION
Note: Before 2010 the Hindu female is not eligible to take an adoption, she only gave consent to her husband for an adoption. But after 2010 she has the same right like Hindu Male in adoption.
It is defined under Section-8 of HAMA, Female Hindu who wants to take an adoption whose eligibility:
- She should be a sound mind and financially well.
- She should be major.
- She can be married or unmarried.
If the Female Hindu marital status is unmarried so for taking the adoption, there is no need to take the consent of anyone.
If the Female Hindu marital status is married for taking the adoption, she needs to take the consent of her husband, it is necessary. But here it should be noted that if a female Hindu widow and she want to take a child after the death of her husband so she can adopt a child for herself not the whole family but the consent of the family is necessary. But before the death of the husband if she has taken the consent of her husband for adoption so there is no need to take the consent of the family but the consent of the family must be registered.
ELIGIBILITY FORGIVEN AN ADOPTION
It is defined under Section-9 of HAMA, Only for Natural Parents, the natural parents have the equal right to give a son or a daughter in adoption and Guardian are eligible for giving adoption but step-parents and the adoptive parent has no right to give adoption because if the eligible parents have the right to give adoption so they are not using their right in a good way and they use it in immoral activities like sale the child etc. There are two types of Guardian-
- Testamentary Guardian: These are that guardians which are appointed through parents by will.
- Certified Guardian: These are that guardian which are appointed by the court when,
- Both parents are dead.
- The parents abandon the child.
- The parentage of the child is unknown.
- The parents are unsound mind.
- Both the parent have renounced the world.
Section-17: It is talk about that “Payment” or “Reward” in adoption is punishable and also six months imprisonment or fine or both.
WHO MAY BE ADOPTED
It is defined under section-10 of HAMA that,
- He or she should be Hindu.
- He or she should not be adopted already.
- The child should be unmarried but if any custom is prevailing for a long time that the married child is adopted so it is considered as a law.
- The child should not be above the age of 15 years but if any custom is prevailing for a long time that the child whose age is above 15 years, he or she can be adopted so it is considered a law.
- That child is not eligible for adoption whose religion is not known.
EFFECTS OF ADOPTION
It is defined under Section-12 of HAMA, An adopted child shall be deemed as a real child of the adoptive mother and adoptive father for all purposes from the date of adoption.
- It is considered that if a child who adopted in which family that his or her natural family but he cannot marry in that family in which he had born.
- The property which has vested in the adopted child before adoption will continue to vest in him even after adoption but the adopted will not divest any person of any property which vested in him before adoption.
- Vested property is the property in which defeasible rights have been created a property of which a person has become an absolute owner through partition or inheritance or succession but not anything which has some fluctuation interest.
This Article is Authored by Shweta Sharma, 2nd Year BA.LLB Student at JEMTEC School of Law, Greater Noida.