Article On Child Adoption In India With Respect To Hindu Laws

Shivani Shekhar, Amity University, Patna

ABSTRACT

Adoption is a legal process that allows someone to become the parent of a child who is not biologically their own. It involves a court proceeding in which the adoptive parent assumes all legal rights and responsibilities of the child, including their care, custody, and support. Adoption is a way for people to expand their families and provide a stable and loving home for children who may not have one otherwise. Adoption under Hindu Law is recognized as a legal process that allows a person to become the parent of a child who is not biologically their own. The Hindu Adoptions and Maintenance Act (HAMA) of 1956 governs adoption under Hindu Law in India. According to HAMA, any person who is a Hindu, Buddhist, Jain, or Sikh can adopt a child, subject to certain conditions. The adoptive parent must be of sound mind, must have attained the age of 18 years, must not have a living son, grandson or great-grandson, and must be capable of providing for the child’s welfare and have a reasonable expectation of life. Adoption can be done either through registered or unregistered adoption, and the child becomes the lawful child of the adoptive parents after the adoption is completed. It is important to note that under Hindu Law, a child can only be adopted by a person of the Hindu, Buddhist, Jain or Sikh religion.