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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

1 month 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

1 month ago

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  • Do you want to adopt a child?
  • Are you confused on what are the legal procedure to adopt a child?
  • Can a male adopt a girl child?
  • Are foreigners allowed to adopt children from India?
  • What is the minimum age to adopt a child?
  • How much time does it take to complete the process of adopting a child in India?
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  • What are the rules and laws that govern adoption in India?
  • Who is eligible or who all can adopt a child in India?
  • Can a single parent adopt a child?

Adoption is an important legal process and one must engage an adoption expert advocate to ensure that adoption is done in a legal and rightful manner.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your adoption related queries and also guide you to complete the adoption process with ease.

About Adoption Laws

Adoption is a legal process and is very strict in nature because it can lead to multiple complications (like inheritance and succession issues) and illegal activities (like human trafficking). For that reason, whenever adoption is sought, all the prospective adoptive parent(s) invariably engage adoption lawyer to ensure that the legalities are met without any hassles. All adoption process is completed with the final act of having and executing an adoption deed as ordered by the court of law.

Having said this it is critically important that the prospective adoptive parents hire a right lawyer who can guide them and assist them in adopting a child in a rightful manner.

So, what Vidhikarya can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

We at Vidhikarya endeavour to help you and assist you in finding the right lawyer in your city or otherwise so that you can go ahead and peacefully get your legal matter resolved. You do not have to worry on how to hire a lawyer or find an advocate for your matter. You can simply dump the question of “find an advocate in my city” to Vidhikarya and just relax.

What the adoption law is and what it does?

Adoption is a process wherein a child is taken into a family lawfully and post adoption the child gets all the legal rights from the adopting parent(s) as a biological child would have got. Post adoption the child loses all the legal rights to be transferred from the biological parents that he/she may have got.

Generally, adoption helps the society in two ways. Firstly, the parent(s) who are either issueless or have enough resources to support more kids get a chance to adopt and provide a good environment to the child. The adopting parents enjoy the bliss of having a child in their lives. Secondly, the child who is getting adopted, usually, gets an opportunity to lead a more conducive and better life. Most of the times in India a child is adopted from orphanages and that give the child a fair and right options to live a fruitful life and be part of the mainstream society.

All said and done our Adoption process is nicely regulated and our government has enacted laws to ensure that trafficking and other illegal activities are not done in the garb of adoption.

What are the applicable laws to this topic?

Hindu Adoption and Maintenance Act of 1956
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex.

Guardian and Wards Act of 1890
Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age. Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian.

Juvenile Justice (Care and Protection) Act of 2000
A part of these laws deals with adoption of children by non-Hindu parents. However, this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.

Some important facts and cases about and under Adoption law

Personal belief and faith cannot dictate the adoption
In the case of Shabnam Hashmi Vs. Union of India and Others, 2005, the Supreme Court has decreed that prospective parents irrespective of their religious background are free to adopt children after the prescribed procedure. The court in its order said that 'personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.

Interest of the Child comes first
Noting that the interests should be kept “first and foremost” during adoption, the Supreme Court on Monday directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption to make the process transparent, friendly and fool-proof.

“Whether it is in-country or inter-country adoption, the interest of the child should be supreme. There should be no compromise whatsoever,” Chief Justice of India T.S. Thakur, who headed a three-judge Bench, told the Centre.

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