Tamil Selvi M, III year of B.A.,LL.B.
In this topic, it shows the valid Hindu adoptions and what are all the conditions followed by the valid adoption. It all comes under the Hindu adoptions and maintenance act. It was enacted in 1956 in India. Section 5 - 17 discusses the Hindu adoptions. This act only applies to the Hindus, Buddhists, Jains and Sikhs. The below topics discussed the valid adoption, who can adapt and who can be adopted.
The persons who belong to Muslim, Christian, Jewish, Parsis have not come under this topic. Adoption is defined as a "Hindu parents taking care of any child by the legal way". This does not apply to the prior adoption of 1956 when the Hindu adoptions and maintenance act was not enacted.
I) The person taking adoption has the capacity to take adoption.
II) The person who gave adoption must have the capacity and right to give.
III) The person who has been adopted has a capacity for adoption
IV) And also complete the condition which is mentioned in the Hindu adoptions and maintenance act. These are the conditions for valid adoption under section 6 of this act.
Other conditions for valid adoption have come under section 11. The conditions are if a Hindu male wants to adopt a Hindu female child or a Hindu female wants to adopt a Hindu male child they must be 21 years older than the adoptive child. The adoption does not happen based on giving any consideration or reward for that adoption. The child is not adopted simultaneously by many parents. And also the adoptive father or mother adopts any child the same sex child are not living in the hose at the time of the adoption. Example: If a male child is adopted by the adoptive parents in their house there is no son or son's son or son's son's son who is not living.
Who can take adoption?
Section 7 and 8 deals with the person who has the rights to adoption
Section 7- Adoption taking by male Hindu
I) The male Hindu can adopt a male or female child and also the adoptive father is not a minor.
II) The father is married, his wife must give the consent for the adoption or if his wife is dead or renounced to the world or declared unsound minded by the court her consent is not compulsory.
Section 8- Adoption taking by female Hindu
I) If a female wants to adopt a child she must be unmarried.
II) She is not a minor.
III) She is a sound mind.
If a married woman wants to adopt a child her husband is dead or he is renounced to the world or he is considered an unsound minded by the court she can adopt a child.
Who can give an adoption?
Section 9 deals about the person who gave an adoption
I) The father or mother or guardian of the child has the rights to give a child for a valid adoption.
II) Father may give the adoption of his child with the mother's consent if the child's mother is dead or renounced to the world or declared unsound by the court her consent is not necessary.
III) Mother also gave her child for the adoption of her husband who has died or he is Renounced to the world or he is unsound minded declared by the court.
IV) If the child parents both of them are dead or Renounced to the world the child's guardian who is appointed by the court or the parents appointed the guardian by will they may give the adoption for the child.
Who may be adopted?
Section 10 deals with the person who may be adopted
I) The male or female child must be a Hindu
II) That child not been adopted previously
III) The adopted person must be unmarried if customs or usage allows this adoption it is valid to adopt a married person.
IV) A child below 15 years only can be adopted but if the customs or usage allows adopting a child who completes the age of 15 years that is valid to adopt that child.
Determination of adoptive mother
In some cases how the adoptive mother is determined it comes under section 14.
I) A Hindu parents who adopted a child the wife of the husband is considered as the adoptive mother.
II) If the husband has more than one wife his first is considered as the adoptive mother and others are stepmothers
III) If the unmarried male or widower adopts the child after he marries a woman she is a stepmother to the adoptive child.
IV) If the unmarried woman or widow adopts a child after she marries a man he is a stepfather to the adoptive child.
If any adoption occurs based on giving any consideration or reward for that adoption that is considered as the invalid adoption, six months imprisonment or fine or both are the punishment for this which is mentioned in section 17. Valid adoption shall not be cancelled by section 15. The adoptive mother or father cannot cancel the valid adoption.