Introduction: Child adoption
There are many childless couples in India who because of some reason for medical disability cannot have a baby. On the other hand, there are many children in the orphanage who do not have parents because of some reason. Therefore, child adoption laws help in both ways. This two-way process has facilitated childless parents to have a child of their own and an orphan child to have parents, shelter, and secure life.
Legislations governing the Child Adoption Laws
In India, there is a defined legal process that provides legitimate rights to both the adopted child and adoptive parents. These enactments aim to protect the rights of an adopted child and transfers all the legal obligations and rights from the biological parents to the adoptive ones. Following legislative acts regulate adoption:
- The Hindu Adoption and Maintenance Act, 1956- It applies to Hindus, Jains, Buddhists, and Sikhs.
- The Guardian and Wards Act, 1890- It applies to all remaining religions i.e. Muslims, Christian, Jews, and Parsi.
- The Juvenile Justice (Care and Protection) Act, 2000 covers the welfare and social security for parentless children.
Also Read: Registration of Adoption Deed
This Act came with the objective of care and protection of the children by catering to their basic needs through proper care, protection, development, treatment, social re-integration, and adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of the children.
Hindu Adoption and Maintenance Act, 1956
Section 7
Section 7 of the Act states the conditions of a Hindu male to adopt. Any male Hindu who is not a minor and is of sound mind can adopt a son or a daughter. If he is married, the conditions are:
- Consent of the existing wife, if the wife is notified to be of unsound mind by a court, then no consent is required, or
- Wife has deserted him, or
- His wife is no longer Hindu as she has changed her religion.
Section 8
Section 8 of the Act provides the condition for the female Hindu to adopt. It covers both the married and unmarried females. For the married females:
- Either her husband is dead or her marriage has been dissolved, or
- Her husband has deserted the world, or
- Her husband has converted to some other religion, or
- The appropriate Court has declared her husband as dead.
The essential conditions for an unmarried woman to adopt a child are:
- Must be an adult.
- She must practice the Hindu religion.
- She is not of unsound mind.
Section 10
Section 10 states the eligibility criteria of persons who can be adopted.
- A boy or a girl can be adopted provided the child belongs to the Hindu religion.
- The child has not been adopted before this application.
- The age of the child is under 15 years, provided the adoptive parents allow the persons of more than 15 years to be taken in adoption.
- The child is unmarried, provided the adoptive parents allow the persons to be married and taken in adoption.
Also Read: Adoption Law in India
Section 11
Section 11 of the Act, states the condition of the valid adoption.
- The family can ’t adopt a same-sex child.
- If the adopting person is a male and adopted a child is female, then the required age difference should be over 21 years between them.
- If the adopting person is female and adopted a child is male, then the required age difference should be over 21 years.
- The adopting person can be single or married provided the person is of Hindu religion and legally capable.
Many people take unfair advantage of these laws. They adopt the children and make them do illegal activities. Moreover, many young girls face the problem of sexual exploitation. But we see a positive side also to the adoption. The children do not need love and affection. Parents need it too. Many childless couples who want a child but because of medical problems cannot conceive one, gets the child through adoption. Many girls who are disowned by the family just because they being the ‘girls’ or some children do not have the parents because they are dead can also be adopted by many. So, in conclusion, we can say that it is both a boon and a bane for the society. It depends on how people execute it.