Introduction
The Adoption of children under hindu law (SECTION 6 TO 11 of the Hindu Adoption and Maintenance Act,1956 ) is a comprehensive legal framework that governs by Hindus and outlines the subsequent legal obligations, including maintenance of children, wives, and in-laws
APPLICABILITY OF HINDU ADOPTION AND MAINTENANCE ACT
The Act extends beyond traditional Hinduism, encompassing various sub-religions such as Buddhists, Jains, Sikhs, Virashaiva, Lingayat, Arya Samaj members, Brahmo, and Prarthana followers. Importantly, it applies to all residents in India who are not Christians, Muslims, Parsis, or Jews.
UNDERSTANDING ADOPTION
While the Act itself doesn’t explicitly define “adoption,” it draws from uncodified Hindu laws, particularly Manusmriti, which describes adoption as ‘taking someone else’s son and raising him as one’s own.’ Notably, the Act widens the scope by using the term ‘child’ instead of ‘son,’ encompassing both girls and boys.The codification of laws in the Hindu Adoption and Maintenance Act became imperative to establish a uniform legal procedure for adoption, ensuring that any adoption not complying with this act is deemed void.
WHO CAN ADOPT A CHILD?
- Capacity of a Hindu Male to Adopt (Section 7 the hindu adoption and maintenance act,1956 )
For a Hindu male to adopt a child, he must fulfill specific conditions outlined in Section 7, including attaining the age of majority, being of sound mind, and having a living wife whose consent is essential. However, if the wife is incapable of giving consent, adoption may proceed under certain circumstances.
- Capacity of a Hindu Female to Adopt (Section 8 the hindu adoption and maintenance act,1956 )
A Hindu female seeking to adopt must meet the conditions set in Section 8, such as attaining the age of majority, being of sound mind, and being either a widow, divorced, or unmarried. If she has a living husband, her capacity to adopt is nullified.
WHO CAN GIVE A CHILD FOR ADOPTION? (SECTION 9 OF THE HINDU ADOPTION AND MAINTENANCE ACT,1956
As per Section 9 of the Act, only the biological parents or guardians of the child can give them up for adoption. The biological father holds the authority to give a child up for adoption, with the necessity of the biological mother’s consent. Conditions allowing a mother to give up a child for adoption are specified, including the father being deceased, of unsound mind, having renounced the world, or converted to another religion.
Guardians, as described in Section 9, can give up a child for adoption if the biological parents are unavailable or unfit, but court permission is mandatory. The court must ensure that the adoption is in the child’s welfare, and no payment has been made for the child.
VALID ADOPTION UNDER HINDU LAW (SECTION 6 OF THE HINDU ADOPTION AND MAINTENANCE ACT,1956 )
To be valid under Hindu adoption law (Section 6), specific conditions must be met:
- Adoptive parents have the capacity and rights to adopt.
- The person giving up the child has the capacity to do so.
- The person being adopted has the capacity to be taken in adoption.
- The adoption is in compliance with the Act.
NECESSARY CONDITIONS FOR VALID ADOPTION (SECTION 11 OF THE HINDU ADOPTION AND MAINTENANCE ACT,1956)
The Act prescribes additional conditions for a valid adoption:
- Adoption of a Son (Section 11(i)
For a Hindu male or female adopting a son, they must not have a living son, grandson, or great-grandson at the time of adoption.
- Adoption of a Daughter (Section 11(ii)
Similar conditions apply for adopting a daughter, prohibiting the existence of a living daughter or granddaughter from a son at the time of adoption.
- Adoption of a Female Child by a Male (Section 11(iii)
A Hindu male adopting a girl child must be at least 21 years older than the girl child.
- Adoption of a Male Child by a Female
A Hindu female adopting a male child must meet the requirements outlined in Section 8 and be at least 21 years older than the child.
- Additional Conditions
Section 11(v) prohibits multiple people from adopting the same child simultaneously. Section 11(vi) emphasizes that the child must be given up for adoption according to the Act’s guidelines, with the intention to transfer them from their biological family to the adoptive one.
In cases of abandoned or parentless children, the intent must be to transfer them from their current environment to the adoptive family.
CONCLUSION
The Hindu Adoption and Maintenance Act meticulously outlines the legal procedures and conditions surrounding adoption within the Hindu community. Understanding these provisions is crucial for ensuring the welfare of the child and the legal validity of the adoption process. From defining who can adopt to specifying conditions for a valid adoption under Hindu law, the Act serves as a vital guide for individuals navigating the complex landscape of adoption in Hindu law.
REFERENCE
