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Uniform code needed for Adoption Laws in India

If one is compassionate enough to adopt a child one must be fearless. In other words, fear of adoption cannot be a hindrance to actually going ahead and adopting a child.The Hindu religion believes that a biological offspring alone is the legitimate natural child and the second child is the adopted child which is deemed wrong. Besides, the myth that prevails in society is that people are inclined to believe that a boy is preferred more than a girl. CHANGES OF ADOPTION IN 19TH CENTURYIn the 1950s, there were agencies easing the adoption process as at the time child adoption was a long drawn and arduous process taking anywhere between 3 and 5 years. Children were discriminated against because of the color of their skin. Subsequently, all of these things altered as many white parents began adopting black kids and gradually the adoption process accelerated.CHILD ADOPTION LAWS IN INDIAHindu Adoption and Maintenance Act, 1956 is for Hindu, Jain, Sikh, Buddhist communities and parents of these communities are eligible for legal adoption of a child with sweeping rights granted to the children to inherit the property. The one and the only drawback is that the sex of an adopted child cannot be the same as that of the biological child. There have been tremendous improvements in the adoption laws but lack of uniform code has resulted in many childless couples not being able to adopt a child. If these couples were to be permitted to adopt a child then it's unimaginable the number of children that would have a window to a better life including a bright future without any gender bias in the adoption of a child. Parenthood is essentially about love, not so much about DNA.Call 7604047601 for a consultation with registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 months ago

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Essentials of Adoption under Hindu Adoption and Ma...

Chapter II of the Hindu Adoption and Maintenance Act, 1956 is empowering for any couple seeking to adopt a child. Adoption in layman's terms refers to the creation of a parent-child relationship which is non-existent through the natural process. In the olden days, adoption amongst Hindus was considered as an alternative to the lack of a male offspring. Previously there wasn’t any adoption law as such but the Hindu Adoption and Maintenance Act, 1956 validates the law in regards to adoption and maintenance.Knowledge is lacking in regards to laws thoroughly detailing adoption procedures and seeking online legal advice for gaining knowledge in regards to the procedure and ensuring that the adoption is indeed valid.Any Hindu male is eligible to adopt a male or a female child provided the child isn’t a minor or is not of an unsound mind. If the husband has a wife who is alive then, in that case, the male would qualify to adopt a child. Nonetheless, the wife’s consent is unnecessary if she has adopted a reclusive lifestyle or is not a Hindu anymore or is confirmed unsound by the competent jurisdiction of the court. As laid down in Section 8 any unmarried or once married female or a widower, or if married, there has been a  dissolution of marriage or a widower or has conclusively forsaken the world or is not a Hindu anymore after adopting or converting to another religion or has been declared to be of unsound mind is empowered to adopt a son or a daughter. The Act is a prescription or recommendation in regards to who would qualify as an adoptive parent of a child but also lays down the people lawfully authorized to give a child for adoption.According to Section 9 if the child’s father is alive then only he is empowered to handover a child for adoption nonetheless obtaining the mother’s consent is essential. A mother too can hand over her child for adoption only if the child’s father has expired or had assumed a reclusive lifestyle or has converted to another religion or is declared to be of unsound mind or has converted to another religion. Nonetheless, in cases of the father and the mother both expired or are leading a reclusive lifestyle as one who has forsaken the world or the child has been abandoned or through court declaration is of unsound mind or where the child’s parentage is unknown, the child’s guardian may handover the child for adoption with the court’s permission granted previously to any person inclusive of the guardian. Prior to the court’s granting of permission to give the child for adoption, the welfare of the child ought to be considered.  Call 7604047601 for a consultation with registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 months ago

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