INTRODUCTION :-. In India Hindus can adopt a child under the Hindu Adoptions and maintenance Act 1956 . By fulfilling the conditions which are given under this Act then that person adopt the child . We look in our nearby or in the society that many of the person adopted the child . Under Hindu Marriage Act only Hindus adoptions are covered and in Hindu also included the Sikh , Buddhist , Jain , . In this Act muslim , Parsi , Christians , jews adoptions not covered under this Act .
Essential Elements For valid Adoptions : -.
Section 6 of the Hindu Adoptions and maintenance Act 1956 tells about the essential Conditions For valid Adoptions .
1. The person who adopting must be capable .
2. The person who giving in adoption must be capable .
3. The person to whom is adopted must be capable.
4. There are some also other conditions for valid Adoptions .
Who can take in adoption ?
Section 7 and section 8 of the Hindu Adoptions and maintenance Act 1956 tells that who is capable to take an adoption . Section 7 tells about the adoption by male hindu . This section says that any male hindu who is sound mind ( able to understand the circumstances ) and major ( above 18 years ) then that male can take adoption of a daughter or son in adoption . But if he has any living wife then he will have to take consent of the wife . Without wife consent adoption will not be valid . But if wife unsound mind and convert the Hindu religion into another religion then in that scenario there is no need to take consent of the wife .
Section 8 of the Hindu Adoptions and maintenance Act 1956 tells about the adoption taken by a female Hindu . This section says that any female Hindu can take adoption if she is sound mind and major then she can take daughter or son in adoption . But if she has a living husband then she will have to take consent of the husband without husband consent adoption will not be valid . But if husband unsoundness of mind and convert the religion then in that scenario there is no need to take consent . Under this section a unmarried women also take an adoption .
Who can give in Adoption ?
Section 9 of the Hindu Adoptions and maintenance Act 1956 tells that who is able to give a child in Adoption . According to this -. Parents ( mother & father ) or the guardian of child shall have capacity to give the child in Adoption .
Who may be adopted ?
Section 10 of the Hindu Adoptions and maintenance Act 1956 says that who can be adopted . According to this section -. A child who is Hindu can be adopted . Remember in this Act another religion child like muslim child or Christian child are not adopted . That child has not already adopted because of a child adopted in once . Child has not been married unless there custom permits . Child has not completed the age of fifteen years unless there is custom .
Another conditions for adoption ?
Section 11 of the Hindu Adoptions and maintenance Act 1956 tells about some another conditions for adoption .
If adoption taken by a female Hindu and she want to adopt a male child then there must 21 year’s age gap between them .
If Adoption taken by a male hindu and he wants to adopt a female child then there must be 21 year’s age gap between them . There is no need to perform Datta Homan . if adoptive father and mother already has a blood Relationship daughter then they can’t take another daughter in Adoption .
If adoptive father and mother already has a blood Relationship son then they can’t take another son in Adoption .
There is no payments for adoption by the parties who are taking in Adoption and who are giving in Adoption because of this is prohibited under section 17 of the Hindu Adoptions and maintenance Act 1956 and this is also punishment with imprisonment which may extend 6 month or fine or both . This is made to stop the child trafficking .
Aishwarya Says:
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