Rules For Adoption in India
Introduction -Rules For Adoption in India
Adoption is a social, emotional and legal concept. The trend of child adoption in India is increasing day by day. In India there is detailed procedure about adopting a child And there is no common law for all religion. Every religion have their own personal laws.
Laws For Adoption in India
- Hindu, Buddhist, Jain and Sikh – The Hindu Adoption and Maintenance Act of 1956
- Muslim, Parsi, Christian and Jews – The Guardian and Wards Act of 1890
3. The Juvenile Justice (Care and Protection) Act of 2000, which was amended in 2010 also deals with the rehabilitation and social reintegration for orphan children.
Adoption Under The Hindu Adoption and Maintenance Act of 1956
The Hindu Adoption and Maintenance Act of 1956 is applicable on Hindus, Buddhists, Jains, Sikhs. This act is based on equality and social justice.Because of this act many gender based discriminatory factor are removed from adoption. Section 6 to Section 11 of The Hindu Adoption and Maintenance Act, 1956 deals with conditions for the valid adoption.
Adoption by Hindu male
1) He must be major and is of sound mind.
2) if he is married then consent of his living wife is mandatory for adoption.
Adoption by Hindu Female
If she Unmarried
1) She must be an adult and is of sound mind
2) she is a Hindu (including Buddhist, Jaina or Sikh by religion)
If she married
1) She is a divorcee
2) She is a widow
3) if her her husband has been declared incompetent by the court
•Restrictive conditions of Adoption –
1)Adoption of son –
The adopting parent must not have a son or son’s son, or son’s son’s son. if they have son or son’s son or son’s son’s son by legitimate birth or by adoption then they are not eligible for adoption of child.
2) Adoption of daughter –
If a Hindu male or female wants to adopt a daughter then he/she must not have any daughter or sons daughter.
3) Two persons cannot adopt the same child
4) Age difference between the parent and child –
If a Hindu wants to adopt a child of opposite sex then the adoptive person should be at least twenty-one years older than the child.
If violation of this requirement then adoption is void.
Who May Give Adoption –
According to Hindu adoption and Maintenance Act, 1956 child adoptions power give to the father, mother and guardian.
1)The Father –
In adoption process, without the consent of the mother of the child the father cannot give the child.In some cases consent of mother may be disposed –
a)If mother of child has renounced the world
b)If mother of child has ceased to be hindu
c)If mother of child has not of sound mind and its declared by judicially.