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Adoption

Hindu Adoptions and Maintenance Act, 1956

If the Mother of the baby is Divorced and wants to give away the new born baby to a childless married couple. Can the couple directly adopt the baby under Hindu Adoptions Act without going through the very long CARA adoption process?

( Guwahati, Assam )

3 years ago

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A.
A spinster or a divorcee or a widow, irrespective of her marital status, can also adopt a child for herself. A girl child can also be adopted. But the only point for concern is that in the presence of boy or a girl, the adopter cannot adopt another male child or a female child.
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Dear Client
As of now the Government has announced that all adoptions should be done through CARA. Adoption through CARA is done as per the JJ Act. Although there have been lot of noise to bring HAMA under CARA but still it has not been done.
If bot the taking and giving parents fulfill the HAMA conditions then I think one can.
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
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Dear Madam.,

Dear Sir,
THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
https://tcw.nic.in › Acts › Hindu adoption and Mai...
PDF
THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956. [Act No.78 of 1956][21st December, 1956].

Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

You may get register an Adoption Deed under the provisions of above Act and thus get instant adoption.
Kishan Dutt Kalaskar
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