Frequent question: Who can take in adoption under Hindu law?

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.

Who may take in adoption?

Who may be taken into adoption?

  • He or she is a Hindu.
  • He or she has not already been adopted.
  • He or she has not been married (unless a custom or usage permits such adoption)
  • He or she has not completed the age of 15 years (unless a custom or usage permits such adoption)

Can a Hindu female can adopt a son?

Under the Hindu Adoption and Maintenance Act, 1956

Any Female Hindu, having a sound mind, a major, and is eligible for adopting a child can adopt a child. If the Female Hindu is married and wants to adopt a child she has to take the consent of her husband as well before adoption, and the consent should be free.

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Who can give a son or daughter in adoption under Hindu Adoption and Maintenance Act?

No one but the parents and guardian of the child can give them up for adoption as per Section 9 of the Hindu Adoption and Maintenance Act. As per the act: Only the biological father of a child has the authority to give him up for adoption; The consent of the child’s biological mother is necessary.

Under what circumstances a Hindu female can take a child in adoption?

It permits an unmarried woman, a divorcee and a widow to adopt. If she is married and the marriage is subsisting, she cannot adopt except when her husband (i) has ceased to be a Hindu; or (ii) has renounced the world; or (iii) has been declared to be of unsound mind by a competent court.

What is adoption who may take in adoption State effect of adoption?

Mother only has the right to give a child in for adoption in case of death, conversion, renunciation or unsoundness of mind of the father. After the 2010 amendment, under Section 9 of the Act, only the natural father or mother or the guardian of a child has the capacity to give a child in for adoption.

Legal Effects of Adoption under Hindu Law

  • The child who has been adopted cannot marry any of the people in his old family where he or she was born. …
  • Any property and obligation which already vested to him or her before the adoption that property or obligation shall be continue vested to him even after the adoption.
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How many types of adoption are there in Hindu law?

Kanina i.e. son secretly born to an unmarried damsel. Swayamadatta- where an abandoned son offers himself to one. Apviddha- where an abandoned son was accepted by a person on his own initiative. One more kind of son was added by some law givers, called Nishad, i.e., son of a Brahmin by his shudra wife.

Who are the dependents of a deceased Hindu?

Under this Act, even the heirs of a deceased Hindu are bound to maintain his/her “dependants” out of his/her estate inherited by them [Section 22]. Dependents include deceased person’s minor son, unmarried daughter, widowed daughter, minor illegitimate son, minor illegitimate daughter [Section 21].

Can an unmarried Hindu woman adopt a child in India?

As per the Hindu Adoption and Maintenance Act, 1956, you can adopt a child. Section 8 of the Act inter alia provides that any female Hindu, who is of sound mind above the age of 18 and who is not married can adopt a son or a daughter.

What are the effects of adoption under Hindu law?

Once a person successfully adopts a child, the child gets all the rights applicable to naturally born children. The child also thereafter severs all ties with its old family. However, any property he owns prior to the adoption will continue to remain with him.

What are conditions for valid adoption under Hindu adoption act1956?

Requisites of a Valid Adoption

The person adopting should have the capacity and also the right, to take in adoption. The person giving in adoption should have the capacity to do. The person adopted should be capable of being taken in adoption.

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Can adopted father give his child in adoption?

(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. By Section 9(1) of the Act, only the father or mother or the guardian of a child has the capacity to give the child in adoption.

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