Who Can Be Adopted under Hindu Law

Section 57 of the Juvenile Courts (Care and Protection of Children) Act regulates the eligibility of prospective adoptive parents. According to section 57 of the Juvenile Courts (Care and Protection of Children) Act, adoptive parents must be physically fit, financially healthy, mentally vigilant and highly motivated to adopt a child in order to ensure a good upbringing, and both partners must accept adoption. In Nand v. Bhupinder AIR 1966, it was decided that an actual adoption cannot be annulled by the adopter, the biological parent or any other person. Article 15 stipulates that an adopted child may not renounce his adoptive parents and return to his or her birth family. It is very clear that when a person makes an adoption, there is no circumstance in which he can get rid of the child. By: Aryaman Shivendra Pratap: Procedure for Adopting a Child under Hindu Law According to Hindu law, any child can be adopted under certain conditions: If the adopted son is adopted, he must not be a Hindu son, grandson or grandson. But when they have all ceased to be Hindus, the adoption of a son will be valid.b) the adoption of the daughter. New provision for the adoption of the daughter, one must not have a Hindu daughter or a daughter of the son.

In the old law, there was no rule for the adoption of girls. But if the daughter or daughter of the son has ceased to be Hindu, then the adoption of the daughter is valid.c) Two people cannot adopt the same child. Husband and wife are one in the laws. Two people cannot adopt the same child, which means that the child cannot continue to live in both the natural and adoptive families.d) Age difference between parent and child. If a Hindu man or woman wants to adopt a child of the opposite sex, he must have an age difference of 21 years. Under the Hindu Minority and Guardianship Act 1956, the guardian must be a natural guardian or a court-appointed guardian. The natural guardian for unmarried boys and girls is first the father, then the mother. According to Muslim law, the father has a dominant position. According to the Guardians and Wards Act 1890, any child may be adopted under the following conditions: According to Hindu Shastra, the adopted son is considered to reflect the natural son of the adoptive parents. This ensures the protection and care of the adopted son.

Once a child is separated forever from his or her biological parents and becomes a legitimate child of his or her adoptive parents, he or she has all the rights associated with the adoptive parents. This means that the adopted child cannot marry the other adopted child or the actual child of his or her adoptive parents. Principles of Adoption valid under the Hindu Adoption and Maintenance ActRequirements for valid adoption in Articles 5 to 11. Section 12 of the Hindu Adoption and Maintenance Act, 1956 governs the effects of adoption. An adopted child has the same rights as a natural child. If the adopted child has property with him, he remains with him even after the adoption. If certain restrictions apply to the child when marrying someone, such as the degrees of relationship prohibited under the Hindu Marriage Act 1956, this will continue even after adoption. According to this law, only Hindus are allowed to adopt if they meet certain criteria.

The first states that the adopter has the legal right to do so (according to this law, this would mean that he is Hindu). Second, they must be able to care for the adopted child. Third, the child must be adoptable. Finally, compliance with all other specifications (as described below) must be met in order to validate acceptance. [2] Under Section 6 of the Hindu Adoption and Maintenance Act, 1956, the conditions for a valid adoption are as follows: 1. The adopter has the capacity and right to commence adoption; 2. the person making the adoption is able to do so; 3. The adopted person is eligible for adoption and the adoption is carried out in accordance with the other conditions prescribed by law. Read also: Marriage void and voidable under the Hindu Marriage Act, 1955 iv.

The child to be adopted must actually be given by or under the supervision of the parents concerned or guardian with intent and adopted for the purpose of transferring the child from his or her birth family, or The inherent power provided for in section 482 of the 1973 Code of Criminal Procedure (section 37, chapter 37 of the Convention). However, there are certain conditions that the child must adhere to after adoption, such as: Then he must be able to care for the adopted child. Third, the child must be adoptable. Finally, compliance with all other specifications (as described below) must be met in order to validate acceptance. [2] Once accepted, it is final and irrevocable. Bhupinder AIR in 1966, it was established that a valid adoption cannot be annulled by the adopter, biological parents or any other person. Article 15 provides that an adopted child may not renounce his adoptive parents and return to his or her birth family. It is very clear that when a person makes an adoption, there is no circumstance in which he can get rid of the child. From the moment of adoption, the child is under the legal guardianship of the new adoptive parent and should therefore enjoy all the benefits of these family ties. It also means that this child is thus cut off from all legal benefits (inheritance, inheritance, etc.) of the family that gave him up for adoption.

[3] Restrictive conditions for adoptionThere are certain restrictive conditions ~a) Adoption of the son. Under section 10 of the Hindu Adoption and Maintenance Act, 1956, any child (son or daughter) may be adopted under the following conditions: 1. The child must be Hindu. 2. The child has never been adopted. 3. The child must not be married. 4. The age of the child must be less than 15 years. Adoption is a social institution that has undergone many changes over time. The concept and goals of adoption have changed dramatically from time to time. In Hindu law, the old reason for adoption was religious, but now the concept has changed.

The only personal law that allows adoption in India is Hindu law. Other personal laws such as Muslim law, Christian law have no provisions for adoption, so they want to go to court to be passed under the Guardians and Wards Act, 1890. If adoptive parents wish to adopt a child of the same sex as their biological child, this is not allowed. For example, if the parents already have a biological son and want to adopt another son, they cannot do so. But if they want to adopt a girl, they can adopt her under the Hindu Adoption and Maintenance Act. Adoption under Hindu law is considered a sacred process rather than an orthodox faith. According to Shastric laws, an adopted child is equal to the child conceived. In this case, it has been decided that if a Muslim person wishes to adopt a child, he or she may do so by applying under the Guardians and Wards Act.