ADOPTION AND HINDU LAW

INTRODUCTION

Adoption is a social, emotional, and legal process in which children who will not be reared by their biological parents become complete and permanent legal members of another family while keeping genetic and psychological ties to their biological parents. Children's aid agencies use adoption as one method of finding a permanent and stable home for their children. It is a legal process in which the child's birth parents (biological parents) irrevocably relinquish all parental rights and duties to the adoptive parents. In India, there is no consistent adoption law. Adoption is only authorised for Hindus, including Buddhists, Jains, and Sikhs. Muslims, Christians, Parsis, and Jews are the only communities that do not have an adoption legislation. The goals of adoption are twofold: first, religious: having a son to present funeral cakes and libations of water will provide spiritual benefit to the adopter and his ancestors. Second, to ensure an heir and to keep the adopter's name alive.

ADOPTION UNDER HINDU LAW

Adoption is the transfer of a kid from the family in which he was born to another family, where he is given as a gift by the natural parents or guardians. The adopted child is treated as if he or she were born into the new family, with all of the rights and responsibilities that come with it, and his or her links to the previous family are severed. Any Hindu man who is of sound mind, a major, and is qualified to adopt a kid can do so. If a Hindu man is married and wishes to adopt a kid, he must first obtain his wife's agreement, which must be unrestricted.

Any Hindu woman with a sound mind, a major, and who is qualified to adopt a child can do so. If a Hindu woman is married and wishes to adopt a kid, she must first obtain her husband's agreement, which should be unrestricted. The Hindu Adoption and Maintenance Act of 1956 broke with traditional Hindu law by allowing the adoption of a daughter, whereas before only sons may be adopted. The Act further stated that no religious procedures, such as 'datta homam,' are required for a lawful adoption; rather, adoption must be valid by the actual giving and taking of the child.

CONDITIONS FOR ADOPTION

1. A Hindu male or female who wishes to adopt a son should not have a son living with them at the time of adoption, whether legitimate or illegitimate.

2. When a Hindu man or woman wishes to adopt a daughter, they must not have a daughter or a daughter's daughter living with them at the time of the adoption.

3. To adopt a daughter, a male must be at least 21 years older than the adoptive daughter.

4. A woman who wishes to adopt a boy must be at least 21 years older than the adoptive son.

WHO CAN BE ADOPTED

According to Hindu law, any child can be adopted as long as they meet the following criteria:

 1. The child must be Hindu.

2. The child has never been adopted.

3. The child is under the age of 15.

4. The child's marriage should be avoided.

EFFECTS OF ADOPTION

• An adopted kid is assumed to be the child of the adoptive family for all purposes as of the day of adoption, and all links to the birth family are deemed severed as of that date.

• The adoptive child cannot marry someone who he or she could not marry if he or she had remained in the birth family.

• No lawful adoption can be revoked by the adoptive father or mother, and no written or registered document is required for a valid adoption.

• No adoption that has been properly made can be revoked by the adoptive father or mother, and no adopted child can divest any person of any estate that vested in him or her before adoption.

• A legitimate adoption does not require a written or registered document.

CONCLUSION

In India, adopting a kid is a lengthy process. Parents who wanted to adopt used to go to the nearest adoption agency and register. The agency would match the couple's preferences with the youngsters who were available. The match could materialise or not, and it could take months or even years. All adoption agencies must now input their information, and the Central Adoption Resource Authority (CARA) software will match preferences from all around the country. Adoptions have taken less time as a result of this. Adopting a child is regarded as a nice deed by humans. Adoption, in general, refers to the act of willingly adopting a child and treating him or her as one's own. Different provisions for adoption are provided in Hindu law, but no separate laws are provided in personal laws such as Muslim, Christian, or Parsi law, so they must apply to the court for adoption under the Guardians and Wards Act, 1890.