Hindu Adoptions and Maintenance Act

Applicability of Act

• This act applies to any person who is domiciled in the territories
• A person who is a Hindu by religion in any of its forms or development, including the Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj
• A person belongs to a Buddhist, Jain or Sikh can adopt a child
• A child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs
• A child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up
• An abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and
• A person who has been converted to the Hindu, Buddhist, Jain or Sikh religion

Who can Adopt a Child?

• The person should be a Hindu
• The person has not been married, unless there is a custom or usage applicable to the parties which permit persons who are married being taken in adoption
• He or she has not already been adopted
• He or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permit persons who have completed the age of fifteen years being taken in adoption

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
• The adoption should be made in compliance with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)

Eligibility of a Male Hindu to Take Adoption

Eligibility of a Female Hindu to Take in adoption

• The female Hindu should be of sound mind
• The female Hindu should not a minor
• The female Hindu who is not married can adopt a child
• In case of a married female, whose marriage has been dissolved whose husband is dead or has completely renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind,

Conditions for a Valid Adoption

Adoption of a Son

Adoption of a Daughter

Adoption of a Female Child by a Male

Adoption of a Male Child by a Female

Other Conditions

• The same child cannot be adopted simultaneously by two or more persons
• The child to be adopted must be provided and taken in the adoption by the parents or guardian concerned or under their authority with the intent to transfer the child from the family of its birth. In case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption

Effect of Adoptions

• The child cannot marry any person whom she or he could not have married if she or he had continued in the family of his or her birth
• Any property which entrusted to the adopted child before the adoption will continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth
• The adopted child will not divest any person of any estate which vested in him or her before the adoption

The Right of Adoptive Parents to Dispose of Property

Determination of Adoptive Mother

• In case of adoption has been made with the consent of more than one wife,  the senior most in marriage among them will be deemed to be the adoptive mother and the others to be stepmothers.
• In case a widower or a bachelor adopts a child, any wife whom he subsequently marries will be deemed the stepmother of the adopted child.
• If a widow or an unmarried woman adopts a child, any husband whom she marries consequently will be considered to the stepfather of the adopted child.

Rules for Giving in Adoption

Rights of Father

Rights of Mother

Rights of Guardian

• In case of both the father and mother are dead
• In the case of parents are finally renounced the world
• Abandoned child
• It has been declared by a court of competent jurisdiction to be of unsound mind
• In the case of the parentage of the child is not known

Cancellation of Valid Adoption

Prohibition of Payments

• No person can receive or agree to receive any payment or rewards in consideration of the adoption of any person
• No person can make or agree to give any payment or reward to any other person the receipt of which is prohibited by this section
• If any person contravenes the provisions of this section, he/she will be punishable with imprisonment, which may extend to six months or with fine or with both.
• No prosecution under this section will be instituted without the previous sanction of the State Government or an officer authorised by the State Government in this behalf.

RENU SURESH Expert

Updated on: December 17th, 2019