Adoption Process in India

adoption in india

In India, adoption is governed by personal law. Every religion has its procedure for adoption. If we talk about the Muslims, Christians, Parsi, and Jews then the act which is applied to them is Guardian and Wards Act, 1890. In this act, all the procedures and acts are defined. But for the Hindu religion, another act governed them. 

ADOPTION PROCEDURE 

If we talk about the Hindus then in this religion many other religions also governed and the definition of  Hindu is specifically defined in the Hindu marriage act 1955 under section 2 of the same act which says: 

Any person who is Hindu by religion in any form of development, including a Virashaiva, a Lingayat, or followers of the Brahmo, Prathana, or Arya Samaj, Or any person who is Buddhist, Jain, or Sikh by religion.  So these are the religion who is included in the definition of Hindu. And the act which is applied to them is the HINDU ADOPTION AND MAINTENANCE ACT, 1956. 

So there are two acts: 

  1. GUARDIAN AND WARDS ACT 1890 
  2. HINDU ADOPTION AND MAINTENANCE ACT 1956 

As we can see that there are two-act for the adoption only for the other religions so there should be uniformity for the same and for that there should be a uniform civil court. So that there will be only one act for all religions for their adoption. 

WHAT IS ADOPTION: 

The mean of adoption is getting the parenting rights from the biological parents to the other parents and they will get all the rights, all the legal rights for the child. 

In the act, there is one important restriction that if once the adoption is done by the biological parents or any other who is giving the child in the adoption, they can not claim the child back after the adoption.  Both the laws restrict doing so. 

BENEFITS OF ADOPTIVE CHILD: 

If any person is adopting a two-child then there should be not any kind of discrimination on any ground.  So same rights, same duties, and same obligation. 

In the old adoption act, the child who is in the orphanage or whose parents are not there, that child can not be adopted by anyone. Only a child can take as an adoptive child. Other restrictions in the old laws are that children should be in the same caste or same gotra else no one can adopt any child according to the old law.  After the Hindu maintenance and adoption act, this law changed. Now anyone can adopt a child corrective their gender or their caste and the child should be less than 18 years old. 

CAPACITY OF ADOPTION:

For the adoption of a child there is some condition that should be fulfilled like the capacity of parties: 

  1. A person who adopts a child should be sound mind person. 
  2. The age of the person should be major, the age should be more than 21 years.
  3. The adoptive person should be married and consent plays again important role there.
  4. Before 1956, the female cannot adopt the child but after this act, the female either unmarried,  widow, or divorced can adopt the child. 

TERMS OF VALID ADOPTION SECTION 6, HAMA 1956 

if any person wants to adopt any child then there should be free consent of the women/ men/ guardian.  One compulsory condition is the consent of the mother, if there is no consent of the mother then no one can adopt the child. 

The age of the adoptive child should be less than 18. 

For the orphanage children, by the state government, there is an authority named SAA also called a specified adoption agency. With this authority, it becomes easy to regulate everyone. This agency should be state-organized. 

CARA- Central Resource Adoption Agency: 

CARA is a regulatory authority, which controls adoption-related matters. And they create rules and regulations for the adoption. 

PROCEDURE OF ADOPTION 

In Hindu law and the act of Hindu adoption and miniatures act, in the child who is going to be an adoptive child should be a member of the family. In this act after the adoption, the whole information should be submitted to the court.  

The second type is adoption by the by way of government agencies. Every state has its process by the act of CARA (Central adoption and resources authority), this authority is for the adoption of a child.  

If any person wants the adoption then he should be taken permission for the registration.

Step1: Registration with CARA or state agency. 

Step 2: counseling prospective adoptive parents. 

Step 3: counseling report and written period. 

Step 4: agency will inform when they get an appropriate child for adoption. 

Step 5: prospective parents can meet the child and can decide if they are ready to adopt that child. 

Step 6: if prospective adoptive parents are ready to adopt the child, the agency prepares an agreement for the maintenance of that child. 

Step 7: at the same time agency will prepare and file a petition to the appropriate court for their permission for the adoption. 

CONCLUSION:

The process of adoption is from two different acts and if we talk about only Hindu adoption then it will consider the act of the HINDU ADOPTION AND MAINTENANCE ACT 1956 and if we talk about other religions’ points then the other act which is GUARDIANSHIP AND WARDS ACT 1890.

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