Here's All You Need To Know About Adoption Law

A child adopted in a valid way enjoys the same legal status as that of a biological offspring. This means that the child will have the same inheritance rights as that of a natural child. However, owning to conflicting laws governing this, there are many dos and don'ts one has to take care of while going for adoption. 

Who can adopt?

The Hindu Adoptions and Maintenance Act (HAMA), 1956, says that any Hindu can adopt a child if he has attained majority and is of sound mind. Apart from Hindus, Sikhs, Buddhists and Jains are also governed by this law.

Who can be adopted?

Any boy/girl who is a Hindu, and has not been previously adopted, is unmarried, and is below 15 years of age. 

Can it be nullified?

If proper legal procedures have been followed, the adoption can't be cancelled by the adoptive father or the child. The adoptive child, too, can't renounce his status and move back to his biological family. However, if the court finds any wrongdoing in the process, it can be declared null and void.

Who can give a child in adoption?

A man can give his child in adoption with the consent of his wife. A guardian, too, can give the child for adoption. There should be a difference of at least 21 years if one adopts a child of the opposite sex.

What are the rights of adopted child in adoptive parents' property?

An adopted child has a full right in the property of his adoptive parents, on a par with the biological ones. However, adoption does not take away the right of the parents to dispose of the property the way they like. They can disinherit their adoptive child from their property the way they can do with their biological child.

Can Muslims and Christians adopt?

Muslims, Christians and Parsis do not have codified law for adoption. Until 2001, they were governed by the Guardianship and Wards Act of 1890, which gave limited rights both to the adopted child as well as the adoptive parent. Under the Juvenile Justice Act (JJA), 2000, and the guidelines of the Central Adoption Resource Agency by the Central government, every person who is otherwise eligible, no matter what his/her religion is, is free to adopt an orphan.

How many children can a family or person adopt?

There is a lot of conflict between the HAMA and the JJA. Although the HAMA says that a Hindu family can adopt only one son or a daughter if they don't have a child of that gender, the JJA is more liberal as it favours social integration of abandoned children. It mandates that a person or a family can adopt as many children as they like.