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Monday, 26 February 2018

Adoption and Essential Of Valid Adoption Under Hindu Adoption and Maintenance Act 1956

Under the textual Hindu law,the main motive of Adoption was religious.The Adopted son is then taken as being born in the new family and acquire rights,duties and status there only, and his ties with the old family comes to an end. Adoption is a process the permanent legal transfer of all parental rights from one person to another. Through Adoption a person assuming the parenting of another.The act does not provide for the performance of any religious ceremonies at the time of adoption. Adoption and Essential Of  Valid Adoption Under Hindu Adoption and Maintenance Act 1956 are been discussed below.

Hindu Adoption and maintenance Act received the assent of president on 21st of December,1956. In the act no date has been fixed for its enforcement.

Adoption and Essential Of  Valid Adoption Under Hindu  Adoption and Maintenance Act 1956

Section 6 of the act deals with requisites of a valid adoption.section 6 of the act run as follows -

(i) The person adopting has the capacity and also Right to take in adoptfollows ction 7 and 8).

(ii) The person giving in adoption has the capacity to do so ( section 9 ).

(iii) The person adopted is capable of being taken in adoption ( section 10 ).

(iv) The adoption is made in compliance with the other conditions mentioned in chapter II, i.e.,(section 11 ), which is now no longer necessary.

1. The person adopting has the capacity and also Right to take in adoption (section 7 and 8)

Sections 7 and 8 of the Hindu Adoptions and Maintenance Act, deal with the person who may adopt a child. Section 7 deals with adoption by a male and section 8 deals with adoption by a female.
Whether male or female,the person who is adopting a child must have capacity and also the right to take a child in adoption.

2. The person giving in adoption has the capacity to do so (section 9)

Section 9 of the act deal with the the capacity of person who give the child in to another.
Section 9 run as follows :

(i) No person except the father and mother or the guardian of a child shall have the capacity to give the child in adoption.

(ii) subject to the provisions of sub-sections (4) the father,or the mother if alive shall have equal right to give a son or daughter in adoption.

(iii) where both father and mother are dead or have completely and finally renounced the world. In that matter the guardian of a child may give the child in  adoption with the previous permission of the court.

(iv) Before granting permission to a guardian under sub-section (4)the court shall be satisfied that adoption will be for the welfare of the child,due consideration being for this purpose given to the
wishes of child having regard to the age and understand of the child and that the applicant for permission has not received agrees to receive and that no person has made or given or agreed to
make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.

3.The person adopted is capable of being taken in adoption (section 10)

Section 10 of the act provide qualification necessary for Adoption

(a) Male or female - Under the present Act the adoption of female has been recognized and now any child,male or female,can be taken in adoption.

(b) Must be Hindu -The child to be adopted must be a Hindu.If he ceases to be a Hindu he is not Capable of being taken in adoption.

(c) Simultaneous adoption - If a child has already been adopted by a person then that very child cannot be taken in adoption again.

(d) Should not be married -According to this act the general rule is that a married person should not be taken in adoption.unless there is a custom or usage applicable to  the parties which permits
 persons who are married being taken in adoption.

(e) Age - The child must not have completed the age of fifteen years.But this condition is also subject to custom and usage applicable to the parties.

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