Hindu Adoptions and Maintenance Act, 1956 Hindu Adoptions and Maintenance Act, 1956

1 year ago

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?

Anik

Responded 1 year ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMyself and wife want to adopt child from srilanka from my cousin sister
Dear Client, As per the Central Adoption Resource Authority(CARA) under the Ministry of Women and Child Development, Govt. of India, in the matter of adoption procedure for intercountry relative adopt...
question iconLegal name change
Dear Client, Being the sole natural guardian after the demise of her husband, the widow is entitled to change the surname of her child and can give him the surname of her second husband if she marries...
question iconAdoption as Guardian
Dear Client, The Hindu Adoption and Maintenance Act 1956 is the only personal law in India that deals with adoption. Adoption is a legal way for people who are not related by blood to establish a pare...
question iconAdoption of my daughter by my second husband
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, your second husband cannot adopt your daughter. Under...
question iconAdopter has Ghosted us gave away puppy to somebody else, not sharing details
Dear Client, In such a situation, it's essential to prioritize the well-being of the puppy. While there may not be direct legal recourse to compel the adopters to provide updates or return the puppy,...