Track Your Request
Track Your Request
+91-7604047602 Our Team About Us Legal Blog Free Legal Advice Login
Vidhikarya Text Logo

Essentials of Adoption under Hindu Adoption and Maintenance Act, 1956

Essentials of Adoption under Hindu Adoption and Maintenance Act, 1956
What does adoption entail or the basics of adoption under Hindu Adoption and maintenance Act, 1956 have been discussed.

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 On : November 9, 2019

Written By :
Avik Chakravorty

Recommended Free Legal Advices
question markAdoption requirement
Hi, Yes, it is legally feasible to adopt a newborn as per the guidelines of CARA if you are fulfilling the criteria set for adoptive parents (mentally sound, collective age of minimum 90 years, consent, financially capable, etc.). If you like this response, please rate us. Thank you.
question markSurrogacy in india for single men
Until sometime back there was no law or rules to regulate the single male surrogacy to become father and hence few like Tushar Kapoor and Karan Johar have become fathers without breaking any law. But a new law is being formulated and bill has been tabled in the Parliament prohibiting this. Until the bill becomes the law you can take advantage of the same and be a father this way. For more details you can reach out to a lawyer and get proper guidance.
question markSingle father adoption
On adhar card the name of father is mentioned. In form there is column of mother also if she is single mother or us divorcee. So in case of adoption by single father the name of single father would be mentioned on adhar card of child.
question markCan i claim a property if i am a adopted son without paperss
On the basis of your identity proofs, you can claim yourself as his son and can apply for Legal Heir Certificate by furnishing necessary declaration along with documentary proofs. That Legal Heir Certificate is essential for mutating your name in the Record of Rights in the place and stead of that deceased person.
question markAdoption without proper legal procedure
Yes the child can claim property of his adoptive parents after their death.those documents are vital to proof your legal adoption... Questions? 1.Is it a Hindu Family? 2.Are you the only child (son) 3.Are You a major(18 years)? Things to be aware and careful at the time of claiming property. 1.Any other child apart from you./siblings 2. Any WILL in the name of any person.

Please enter the text



Send your queries to

[email protected]
Consult Adoption Lawyers from your City!
Post Your Matter
Post Your Matter to connect with the Lawyer online
Call 7604047602 for any assistance
Our Team
Lawyer Login
Be a Partner

Download the Lawyers App on

Vidhikarya App on Android Platform
Contact Details
[email protected]
No. 2, First Floor, Subharaj
Plot No. CE/1/C/19, Premises No. 18-0208,
Action Area- 1, New Town