Child Adoption Law in India

Child Adoption Law and rules in India are strict for security and safety purposes. Read here what Law says about child adoption in India:

Hindu Adoptions and Maintenance Act (1956)

The Hindu Adoption and Maintenance Act was enacted in India in 1956 as part of the Hindu Code Bills. Please read the following to know the details of this Act :

Who can adopt?

Under this act, only Hindus may adopt subject to their fulfilment of certain criteria. The first of these asserts that the adopter has the legal right to (under this Act that would mean they are a Hindu) adopt. Next, they have to have the capacity to be able to provide for the adopted child. Third, the child must be capable of being adopted. Lastly, compliance with all other specifications (as outlined below) must be met to make the adoption valid.

Men can adopt if they have the consent of their wife or of all of their wives. The only way of getting around obtaining the permission of the wife or of the wives is if she or they are unsound, have died, have completely and finally renounced the world, and have ceased to be a Hindu. Unmarried men can also choose to adopt only if they themselves are not minors. However, if a man were to adopt a daughter, he must be twenty-one years of age or older.

Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband. A married woman whose husband adopts a child is to be considered the mother. If the child is adopted and there is more than one wife living in the household, then the senior wife is classified as the legal mother of the adopted child.

Who can be adopted?

The adopted child can be either male or female. They must fall under the Hindu category. The adoptee also needs to be unmarried; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married. The child cannot be the age of sixteen or older, unless again it is a custom or the usage is applicable to the involved parties. Adoption can only occur if there is not a child of the same sex as the adopted child residing with the adoptive parents. In particular, if a son were to be adopted then the adoptive father or mother must not have a legitimate or adopted son still living with them.

Legal implications for an adopted child

From the date of the adoption, the child is under the legal guardianship of the adoptive parent(s) and thus should enjoy all the benefits from those family ties. This also means that this child, therefore, is cut off from all legal benefits (property, inheritance, etc.) from the family who had given him or her up for adoption.

Information Source: WikiPedia