Hindu Adoption

Hindu Adoption / Hindu Adoption Valid Adoption Requirements: - 

    According to Section 6 of the Adoption and Maintenance Act, 1956, the following are the requirements for valid adoption.
(1) Adopted person has the ability to adopt. (2) The person giving the adoption has the ability to do so. (3) The person to be adopted should be eligible. (4) Other conditions of adoption have been followed. According to Section 7, the ability of a male Hindu to adopt - Any man who is a Hindu, has a healthy mind and is an adult, he will be able to adopt a son or daughter by adoption. If she is married, the wife's consent is necessary. If there is more than one leaf, all consent is required unless He must not have renounced the world, converted to religion, or been declared insane by the competent court. Article 8 Ability to adopt a Hindu woman: - An unmarried, divorced or widowed Hindu woman will be able to adopt a son or daughter. But the married woman will be able to adopt only if - Her husband may have become a monk, converted to religion or declared insane by the competent court. Section 9 Persons capable of adopting: - The father or mother of the child or the guardian with the permission of the court is able to give adoption to the child. If the father is alive, he can adopt the child with the consent of the mother. But it is not necessary to seek the consent of the mother if the mother has abandoned the world, converted, or has been declared insane by a competent court. Mother can also adopt a child, if the child's father - (1) has died, (2) has abandoned the world, (3) has converted, or (4) has been declared insane by a competent court. When both the child's mother and father have died or are unable to adopt the child, his guardian will be able to adopt the child with the permission of the court. Section 10 - The person to be adopted: - (1) He should be a Hindu. (2) Was not taken in adoption in the past. (3) be unmarried. (4) be under 15 years of age. Other conditions of valid adoption - Section 11: - (1) If the adoption is of a son, then no Hindu son, grandson or great-grandson of the adoptive father or mother should be alive at the time of adoption. (2) If the adoption is of daughter, then no Hindu daughter or son of adoptive father or mother should be alive at the time of adoption. (3) If the adopted person and the person to be adopted are of different sex, then the adopted person should be at least 21 years of age. (4) The same child cannot be adopted by two or more persons simultaneously. (5) The person to be adopted should actually be taken and given with the intention of transferring from the birth family to his adopted family. However, the adoption of the adopted home is not necessary for the adoption of adoption. Results of Adoption - Section 12: - Regarding the adopted child, it shall be deemed that from the date of adoption he is a child of his adoptive father or mother for all purposes and it shall be deemed that all of the child with the family of his birth. Relations have been broken by such a date. Exception: - (a) But that child will not be able to marry someone who could not, if he remains in the family of his birth, (B) Any property which has been vested in the adopted child before adoption, will remain vested in such child, subject to the obligation to maintain the relatives of his family of birth. (C) If that property has been vested in a person before adoption, then that child will not invoke such a person from that estate. Determination of adoptive mother - Section 14: - (1) Where a Hindu, whose wife is alive, adopts a child, she will be considered an adoptive mother. (2) Where the person adopting has more than one wife, the first of them shall be deemed to be the adopted adoptive mother and the other step mothers shall be deemed to be. (3) Where a widower or unmarried man adopts a child in adoption, and there any wife, from whom he later marries, shall be deemed to be the adopted mother of the adopted child. (4) Where a widow or an unmarried woman adopts a child and she marries later, the husband shall be deemed to be the stepfather of the adopted child. Section 15: - Valid adoption cannot be abolished by the adopter or child or any other person. Section 16: - Having recorded registered documents of adoption, the court shall presume that the adoption has taken place in accordance with the provisions of the Act. Section 17: - In the adoption, no payment or reward will be received or contracted to be received. And if anyone does so, he will be punishable with imprisonment which may extend to six months or with fine or with both.

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