Introduction
Adoption is the legally recognized relationship between adoptive parents and adoptees. It provides permanent parental rights from one person or couple to another person or couple. Adoptive parents and adoptive children both have the same rights, as biological parents and biological children.
In simple words, adoption is the process, to establish a parent-child relationship that is not related by births. It’s a way through which parentless or orphan child to have parents, a shelter, and a good life and childless parents to have their child.
Juvenile Justice (Care and Protection of Children) Amendment Act, 2006:–
As per Section 2(aa), adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all rights, privileges, and responsibilities that are attached to the relationship.
There are 3 main existing laws in India which deal with the adoption Procedure:
1. The Hindu Adoption and Maintenance Act,1956:- Applicable on Hindus, Buddhists, Jains, and Sikhs
2. The Guardian and Wards Act, 1890:- Assist religions other religions that are, Muslim, Parsi, Christian, and Jews, as there are no specific provisions under their laws.
3. The Juvenile Justice (Care and Protection) Act of 2000- Amended in 2010:- It covers the rehabilitation and reintegration for orphan children.
Also Read: Child Adoption Laws in India
The Need for Legal Adoption:
Legal adoption provides security, both to the adopted child and as well as adoptive parents. A legally adopted child can enforce all his/her rights in the Court of law. Both adoptive parents and adopted children have equal rights as of the biological parents and child.
Adoption under Hindu law:
Hindu law recognizes the adoption under the Hindu Adoption and Maintenance Act, 1956. It equally treats the adopted child as a natural-born or biological child.
Hindu Adoption and Maintenance Act, 1956:
It has been passed after the Independence with the object to simplify the adoption procedures for the Hindus by codifying Hindu law. The act also helps to remove several genders based on discriminatory provisions.
Applicability: – it applies to any person who is –
1. Hindu, Buddhist, Jaina or Sikh by religion.
2. Not a Muslim, Christian, Parsi or Jew, by religion.
Conditions for a valid adoption:
1. A person adopting should have the right and capacity to adopt the child.
2. The person giving the adoption has the right to do.
3. The person adopted is capable of being in adoption.
Who can adopt: – Adult and is of sound mind and not a minor, if
Hindu Male: -1. Has a living wife, then married man can adopt with the consent of his wife.
Hindu Female: – 1. Not married, but if married then-
a. The husband is not alive or
b. Marriage has been dissolved
c. The husband has been declared insolvent.
Capacity to give in adoption:
Following persons are allowed to give a child in adoption:
1. Father has the right to give only with the consent of the mother.
2. Mother can give in adoption, only when the father is –
a. dead, or
b. completely and finally renounced the world.
Who can be adopted:
1. A Hindu boy or a Hindu girl
2. A child who has not been adopted before.
3. Age should not more than 15 years
4. Not a married Child.
Also Read: Registration of Adoption Deed
Guardians and Wards Act, 1890
The Hindu Adoption and Maintenance Act is only applicable to the Hindus and there was no specific legislation for other religions, so a new act ‘’ Guardians and Wards Act, 1890, came into existence, with a view to, legalize adoption for other religions.
Applicable: – It applies to the whole of India except the State of Jammu and Kashmir.
Focus: – The act particularly focuses on Muslims, Christians, Parsis, and Jews.
The child adopted: – a minor who has not completed the age of 18 years.
Procedure:
1. The guardian makes an application.
2. The application form should contain all the necessary information about the guardian and their reason for guardianship.
3. After the admission of the application, the date of hearing would be set.
4. The court will hear the evidence before making any decision it will also take into consideration the desire of the minor.