adoption

Law of adoption relating to Hindus
Adoption among the Hindu is governed under the Hindu adoptions and maintenance Act, 1956. Muslims, Christians, Passions Jews are not governed by this Act, and hence when they either wish to give in adoption or take in adoption shall have to look into laws which govern their respective religious and personnel affairs. Further, It is pertinent to note that the term Hindu has not been defined precisely in any of the Personal laws of the Hindu and neither is there any definition or conditions qualifying a person to the a Hindu in the Religious tenants and customs. The law only gives a wider and inclusive categories of persons who may be called as a Hindu and only fetter is that such person shall not be a Muslim, Christian, Parsi or a Jew . Hence if it is for sore that a child does not belong to either of there religions then we can solely conduce that the child is a Hindu. – Then -

Questions:

1. Who is a Hindu?
Any person, who is a Hindu by religion in any of its forms or developments, including a veerashiva, a lingayat or a follower of the Bramho, Prathana, or Arya Samaj, or who is a Buddhist, Jaina or sikh or any other person not being a Muslim, Christian, Parsi or a Jew will be taken as a Hindu.

2. In case of children how can we fix their religion if there parents belong to different religion?
In such case either of the parent (mother or father) should be a Hindu and the child should have been brought up as a Hindu. Then the child will also be regarded as a Hindu.

3. How can a child in a child care Institution be identified as a Hindu?
An only criterion is to see that whether the child is brought up as a Hindu.

4. What is Adoption?
The Tamil Nadu rules framed under the Juvenile Justice Act, defines adoption as the “the transfer of rights and responsibilities of a child from its birth parents to adoptive parents.”

5. How can a child be given in adoption legally and validly?
Who ever wisher to give a child in adoption must be assured that he / she / they have the capacity to give the child in adoption. The person who offers to take the child in adoption should also posses the capacity and Right to take the child in adoption. It should also be ensured that the person being given in adoption is capable of being adopted.

6. What are the conditions for a Male Hindu to take a child in adoption?
A male Hindu who wishes to take a child in adoption should have completed 18 years of age and he should be able to understand the seriousness and consequences of things he does. If he is a Married person he should take the consent of his wife. The consent of his wife can be dispensed with only if it is shown that the wife has converted her religion and does not continue as a Hindu, renounced the world or has been declared by a component Court as to have become insane. If it appear that a person has morethan one wife living at the time of adoption he should take the consent of all his wife. If he is taking a female child in adoption, he should be 21 years older in age.

7. What are the conditions of a female Hindu to take in adoption ?
She should be above the age of 18 years, and should be able to understand the seriousness and consequences of things she does. She should be 21 years older to the child if she adopts a male child.

8. Can married women take a child in adoption?
No., a married woman cannot take a child in adoption. But if her marriage has been dissolved by a competent court or her husband has renounced the would or if she has become a widow or if the husband has converted his religion and does not continue as a Hindu or has been declared by s county law to be of an sound mind then she can adopt a child.

9. Are there any other conditions applicable in general?
Yes, a part from this, a child can be taken in adoption only as a son or daughter. If a son is being adopted, the adoptive father or mother by whom the adoption is made must not have a Hindu son, grand son or great grand son living at the time of adoption. If a daughter is adopted, the adoptive father or mother must not have a daughter or grand daughter living at the time of adoption. Some child cannot be adopted by 2 or more persons.

10. Who can be adopted?
Any person who is a Hindu, not completed fifteen years of age and not married can be adopted. How ever, if the custom and usage of the parties to the adoption permits, a person above the age of 15 or who has been married can be adopted.

11. Who can give a child in adoption?
It is either the father or mother or the guardian of the child. It father is alive he alone can give the child in adoption unless he has renounced the world finally unless he was declared insane by the court. How ever he cannot give the child in adoption without the consent of the wife. The consent of the wife can be dispensed on the same grounds. The guardian of the child can give in adoption if both the biological parents are either not alive or their identify is not known. In such case the permission of the court is necessary.

12. Who can be called as a guardian?
A person who has the care of the child or both the child and its property is a guardian of the child. Such guardian may be a one who is appointed by a will of the child’s father or mother or one who is appointed by or declared by a district court.

13. Should religious ceremonies be preformed to validate adoption? - No


14. How an adoption is effected?
Adoption is usually recorded by a Deed of adoption and registered. Sometimes it is done either thro religious ceremonies on thro family arrangements.

15. Does the law requires the adoption to be registered?
No. Law does not compel the registration of adoption. But since an adoption results in changing the course of succession depriving wives and daughters of their rights and transferring the properties to comparatively strangers or more remote relations it is necessary that the evidence to support it be such that it is fro from all suspicion of fraud and so consistent and probable as to leave no occasion for doubling its truth. Hence registration is advisable as mandatory.

16. What are the consequences of an adoption?
An adopted child should be deemed to be the child of his or her adoptive parents for all purposes with effect from the date of adoption and from such date all his or her ties with the family of his birth gets reserved. How ever the child cannot marry any person Whom he or she could not have married if he or she had continued in the original family. The property which were entitlement of the child should continue to be its entitlement subject to the obligation attached to the property. The adoption shall not affect the rights of the relatives of the adopting parents in their share in the property.

Adoption under the Juvenile Justice Act.

The Juvenile Justice Act acknowledges that the primary responsibility for providing care and protection to children shall be that of their family and therefore views adoption as one among the measures to rehabilitate and reintegrate a child who are orphaned, abandoned neglected and abused thro institutional and non-institutional methods.
The Juvenile Justice Act is a secular legislation made in the lines of UNCRC and shall apply to all children who are coming within its purview irrespective of religion, caste or creed. In the light of section 41(3) of the Act, The Juvenile Justice Board is deemed to be the guardian of such children and it shall give in adoption keeping in mind various guidelines issued by the it State Government and Supreme Court from time to time.
This would obviously imply that though the religion of the child may not be material at the time of adoption the religious and personal laws of the adopting parents cannot be ignored as it relies on the capacity of the adopting parents to take the child in adoption. The Juvenile Justice Act, has ruled out several restrictions on adoptions. Under the Act the Board may allow a child to be given in adoption to a single parent and to adopt a child of same gender irrespective of the number of living bio logical son’s or daughters. Child may also be given in adoption to fit persons and fit institutions on the suitable directions.