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Validity of adoption
Validity of adoption
2 years ago
Hi, one of my nephew was adopted at the age of 25 in 2000 to his paternal aunt. The adoption certificate was registered in the sub registrar office. Now he wants to claim property and cash benefits from both the families (natural parents & adopted mother who is unmarried). Is it legally correct? What does the law say? Is the adoption itself legal, since he was major at the time he went for adoption. Please mention any sections in the law that supports validity or invalidity. Thanks.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Adoption may be done in three ways. Hindus, Buddhists, Jains, and Sikhs are all covered by the Hindu Adoption and Maintenance Act of 1956. Other religions, such as Muslims, Parsis, Christians, and Jews, benefit from the Guardian and Wards Act of 1890 because their personal laws lack specific provisions for adoption. The Juvenile Justice (Care and Protection) Act of 2000, as modified in 2010, provides for the protection of children. . 18 years is the maximum age of the child to be adopted and hence the adoption is not legal.
Thanks
Adoption may be done in three ways. Hindus, Buddhists, Jains, and Sikhs are all covered by the Hindu Adoption and Maintenance Act of 1956. Other religions, such as Muslims, Parsis, Christians, and Jews, benefit from the Guardian and Wards Act of 1890 because their personal laws lack specific provisions for adoption. The Juvenile Justice (Care and Protection) Act of 2000, as modified in 2010, provides for the protection of children. . 18 years is the maximum age of the child to be adopted and hence the adoption is not legal.
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A.Hi,
There are three ways of adoption The Hindu Adoption and Maintenance Act of 1956 which is applicable on Hindus, Buddhists, Jains and Sikhs. The Guardian and Wards Act of 1890 assist other religions i.e. Muslim, Parsi, Christian and Jews in adoption as there are no concrete provisions under their personal laws. The Juvenile Justice (Care and Protection) Act of 2000, amended in 2010 covers the rehabilitation and social reintegration for orphan children. 18 years is the maximum age of the child to be adopted and hence the adoption is not legal.
Thanks
There are three ways of adoption The Hindu Adoption and Maintenance Act of 1956 which is applicable on Hindus, Buddhists, Jains and Sikhs. The Guardian and Wards Act of 1890 assist other religions i.e. Muslim, Parsi, Christian and Jews in adoption as there are no concrete provisions under their personal laws. The Juvenile Justice (Care and Protection) Act of 2000, amended in 2010 covers the rehabilitation and social reintegration for orphan children. 18 years is the maximum age of the child to be adopted and hence the adoption is not legal.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your nephew's adoption has no legal validity because by virtue of Section 10(iv) the HINDU ADOPTIONS AND MAINTENANCE ACT, 1956, as amended up to date, even a child who has completed the age of fifteen years shall not be given in adoption unless there is a custom or usage applicable to the parties who are willing to make an adoption that permits them to adopt a child above the age of fifteen years.
Please take note that after valid adoption no person can claim his/her biological parent's property but in the instant case as this adoption is illegal,therefore,that person cannot claim the property of his paternal aunt .
Please take note that after valid adoption no person can claim his/her biological parent's property but in the instant case as this adoption is illegal,therefore,that person cannot claim the property of his paternal aunt .
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