Adoption Among Hindus
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Introduction
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ADOPTION
in the Hindus is covered by The Hindu Adoptions Act and after the
coming of this Act all adoptions can be made in accordance with this
Act. It came into effect from 21st December, 1956.
Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted.This Act extends to the whole of India except the state of Jammu and Kashmir.
It applies to Hindus, Buddhists, Jainas and Sikhs and to any other
person who is not a Muslim, Christian, Parsi or Jew by religion
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Requirements
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No adoption can take place unless:
THE PERSON ADOPTING HAS THE CAPACITY / RIGHT TO TAKE CHILD IN ADOPTION
CAPACITY OF MALE
Any male Hindu, who is of sound mind and is not a
minor, has the capacity to take a son or daughter in adoption. Provided
that if he has a wife living, he shall not adopt except with the consent
of his wife, unless his wife has completely and finally renounced the
world or has ceased to be a Hindu, or has been declared by a court of
competent jurisdiction to be of unsound mind. If a person has more than
one wife living at the time of adoption the consent of all the wives is
necessary unless the consent of one of them is unnecessary for any of
the reasons specified in the preceding provision.
CAPACITY OF FEMALE
Any female Hindu
has the capcity to take a son or daughter in adoption.
Where the woman is married it is the husband who has the right to take in adoption with the consent of the wife.
THE PERSON GIVING A CHILD IN ADOPTION HAS THE CAPACITY/RIGHT TO DO SO:
The court shall be satisfied that no payment or
reward in consideration of the adoption except as the court may sanction
has been given or taken.
THE PERSON CAN BE ADOPTED
No person can be adopted unless
OTHER CONDITIONS FOR A VALID ADOPTION ARE FULFILLED
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Effect of valid adoption
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Registration
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The adoption deed is not required to be registered (except in Uttar Pradesh).
Except where it declares or reserves an interest worth Rs. 100 or more for a third person in an immovable property.
However authority to adopt is required to be registered under section 17(3), Indian Registration Act.
Adoption-Others
Muslims
Adoption is the transplantation of a son from the
family in which he is born, in to another family by gift made by his
natural parents to his adopting parents.
Islam does not recognise adoption. In Mohammed
Allahdad Khan v. Mohammad Ismail it was held that there is nothing in
the Mohammedan Law similar to adoption as recognized in the Hindu
System.
Acknowledgement of paternity under Muslim Law is
the nearest approach to adoption. The material difference between the
two can be stated that in adoption, the adoptee is the known son of
another person, while one of the essentials of acknowledgement is that
the acknowledgee must not be known son of another.
However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
Christians, Parsis and Jews
The personal laws of these communities also do not
recognize adoption and here too an adoption can take place from an
orphanage by obtaining permission from the court under Guardians and
wards act.
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Adoption Among Hindus
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