Cinémathèque de Tanger

Who Can Be Adopted in Hindu Law

According to article 11 of the Act, if a son or daughter is adopted, the adoptive father or mother may not allow a living son, the son`s son, the son (either by lawful consanguinity or adoption) to live at the time of adoption, in the case of a son and in the case of a daughter, there can be no living daughter or daughter of the son (either by legitimate blood or by adoption) at the time of adoption. Section 12 of the Hindu Adoption and Maintenance Act, 1956 sets out the effects of adoption. An adopted child has all the rights like a biological child. If the adopted child has property with him, he stays with him even after the adoption. If there are certain restrictions on the child marrying someone, such as . B the degree of relationship prohibited under the Hindu Marriage Act 1956, this will continue even after adoption. Article 11 stipulates that an adopted child may not be re-adopted. The adopted child can be a man or a woman. The adopted child must belong to the Hindu category. The adoptee must also be single; However, if the particular habit or use is applicable to the parties concerned, the adoptee may be married.

The child must not be fifteen years of age or older, unless this is again customary or the use is applicable to the parties concerned. An adoption can only take place if no child of the same sex of the adopted child is still living in the apartment. In particular, if a son is to be adopted, the adoptive father or mother must not have a legitimate or adopted son who still lives in the house. [3] Later, different concepts and views were added to the adoption. The modern concept is that it is an act of a person who takes a child (son or daughter) into legal custody, and by adoption, the adopted child has all the legal rights and status of a natural son. A widow can adopt a child for herself and, after adoption, she becomes the adoptive mother of the child. A son adopted by a Hindu widow would also be considered the son of her late husband [4]. In section 6, there are four important requirements for a valid adoption ~ (a) The person who adopts should have the capacity and also the right to adopt an adoption. (b) The person making an adoption should also be able to do so. (c) The adopted person should be able to be adopted. d) Acceptance must be made in accordance with the other conditions set out in the law. Under earlier Hindu law, adoption was considered sacramental rather than secular.

Having a male child was important for the pursuit of his ancestry and was important for performing his final rituals. It was believed that a male child would bring moksha. The idea was to have not only a son, but a son who must carry a reflection of the natural son. A girl could not be adopted under ancient Hindu law. Whenever a widow adopted a son, he was always considered her husband`s son. The adoption concerned the date of her husband`s death. This became known as backward relationship theory. A Hindu man who is willing to adopt a girl must have the capacity to adopt a child as prescribed in Section 7 of the Act, and Section 11(iii) states that he must be at least 21 years older than the girl to be adopted. Article 10 provides that no one may be adopted unless the following four conditions are met, (i) he is a Hindu; (ii) it has not yet been adopted; (iii) he is not married, unless there is a custom or practice applicable to the parties that authorizes the adoption of married persons; and (iv) he has not attained the age of fifteen, unless there is a custom or custom applicable to the parties that permits the adoption of persons over fifteen years of age. However, there are certain conditions that the child must meet after adoption, such as: According to this law, only Hindus are allowed to adopt provided that they meet certain criteria. The first of these claims that the adopter has the legal right to do so (according to this law, this would mean that he is Hindu).

Then they must have the capacity to care for the adopted child. Third, the child must be adoptable. Finally, compliance with all other specifications (as described below) must be met in order to make the acceptance valid. [2] Once adopted, it is final and irrevocableIn Nand v. Bhupinder AIR in 1966, it was found that a valid adoption cannot be annulled by the adopter, the natural parents or any other person. Article 15 stipulates that an adopted child may not renounce his or her adoptive parents and return to the family of his or her birth. It is very clear that if someone makes an adoption, there is no circumstance under which he or she can get rid of the child. From the moment of adoption, the child is under the legal guardianship of the new adoptive parent(s) and should therefore enjoy all the benefits of these family ties. This also means that this child is therefore cut off from all the legal advantages (patrimony, inheritance, etc.) of the family that gave him up for adoption. [3] Restrictive conditions for adoptionThere are certain restrictive conditions ~a) Adoption of the son.

If the adopted son is adopted, he must not be a Hindu son, grandson or grandson. But when they have all ceased to be Hindus, the adoption of a son will be valid.b) the adoption of the daughter. New provision for the adoption of the daughter, one must not have a Hindu daughter or daughter of the son. In the old law, there was no rule for the adoption of girls. But if the son`s daughter or daughter has ceased to be Hindu, then the adoption of the daughter is valid.c) Two people cannot adopt the same child. Husband and wife are one in the laws. Two people cannot adopt the same child, which means that the child cannot continue in both the natural family and the adoptive family.d) Age difference between parent and child. If a Hindu man or woman wants to adopt a child of the opposite sex, he must have an age difference of 21 years.

Once adopted under HAMA, it is final and revocable. An adoption cannot be annulled by the adopter, nor can the adopted child renounce his adoptive parents and return to his biological family (§ 15). Any agreement concluded between the parties not to adopt is void because it is contrary to public order. However, any adoption in return for a financial benefit is valid, although such an agreement is void. This is because the law does not ask for the reason behind the adoption. According to section 10 of the Adoption and Maintenance Act, 1956, any child (son or daughter) may be adopted under the following conditions: 1. The child must be a Hindu. 2. The child has never been adopted before. 3. The child must not be married.

4. The age of the child must be less than 15 years. Even if the person has more than one living wife at the time of adoption, the consent of all wives is required for adoption. Thus, an adoption without the consent of the wife is null and void. Adoption during the woman`s pregnancy is valid. This adoption is not affected by the subsequent birth of a male or female child, and the biological child and the adopted child have equal rights to property [2]. i. if the adoption is made by a man and the person to be adopted is a woman, the adoptive father is at least twenty-one years older than the person to be adopted; Once the adoption is complete, the adopted child loses all ties to the natural family and is transplanted into the adoptive family. All paternal and maternal relationships in the adoptive family also occur. This means that a male adopted child cannot marry the daughter of his adoptive parents, whether that girl was born naturally or adopted, since she became his sister through the fiction of the law (Article 12 of hama). Only single Hindu women can legally adopt a child.

A married woman may give her consent to adoption only through her husband. A married woman whose husband adopts a child should be considered a mother. [3] If the child is adopted and more than one woman lives in the household, the oldest wife is classified as the legal mother of the adopted child. [4] iii. the same child may not be adopted simultaneously by two or more persons; Iv. The child to be adopted must actually be handed over and taken up for adoption by or under the supervision of the parents or guardians concerned with the intention of transferring the child from the family of his birth or the importance of the adoption. The law does not describe the hypothesis, but in a Hindu law it is derived from the uncodified Hindu laws of Dharamsastra, especially Manusmriti. Adoption was described in Manusmriti as “taking someone else`s son and raising him as his own.” The Adoption Act allows a person without children to appropriate someone else`s child. Section 18 (2) of the Hindu Adoption and Maintenance Act contains a list of cases in which a woman is entitled to maintenance. According to the article, a woman can live separately from her husband and always has the right to claim maintenance in the following situations: when adopting a child, a person must meet certain additional conditions, as well as all the above conditions. Article 19 of the Hindu Adoption and Maintenance Act says the same thing, but the father-in-law is only liable for alimony if: If the woman is widowed by her deceased husband, it is the father-in-law`s duty to take care of her.