• Adoption of child under Hindu Adoption Act

We are Hindu married couple . since 10 years of marriage we have no child. Can we adopt a child from a Hindu widow under Hindu adoption act? Is it compulsory to register online to Central Adoption Resource Agency ?
Asked 6 years ago in Family Law
Religion: Hindu

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25 Answers

Yes you can adopt it from hindu window. Under section 9(3) hindu adoption and maintenance Act women can give child for adoption if father is dead or renounced the world.

Registration with CARA is necessary the online process bypass many hectic processes and makes adoption easy

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can surely adopt a child.

Registration part you have to confirm from their website and follow the instructions accordingly.

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

1) As you have stated the you don't have any child, so you can adopt a child under HIndu adoption act.

2) Yes its compulsory to register online to Central Adoption Resource Agency - Schedule VI & VII

Please give me rating

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1) it is not compulsory to register online with CARA

2) you can adopt child from Hindu widow

3) deed of adoption has to be executed duly stamped and registered

4) giving and taking ceremony performs for adoption of child

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You need perform adoption ceremony and adoption Deed to be registered before subregistrar office of area. What is age of child....

Sunil Akkatangerhal
Advocate, Belgaum
14 Answers

4.4 on 5.0

1. You are free to adopt the child through an adoption deed to be executed in your favour by the biological mother.

2. The difference between the child to be adopted should not be less than 21 years. This is an essential condition for adoption.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir/Madam,

You can adopt the child legally and you have to get registered. The relevant rules and FAQs are given below. If you are not satisfied then call to me.

Adoption – Procedure

Juvenile Justice (Care and Protection of Children) Act, 2015

Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India

Frequently Asked Questions (FAQ’s)

http://www.cara.nic.in/PDF/faqs.pdf

Child Adoption Procedure In India

Can I adopt if I already have a child?

Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing.

http://www.womensweb.in/articles/adoption-your-questions-answered/

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Respected sir/mam ...

adoption procedure in India is governed by specific legislations that are applicable depending on the religion of the person who wants to adopt (called the ‘adopter’) a child (who is the ‘adoptee’). There are two major adoptions laws that apply to adopters in India:

The Hindu Adoption and Maintenance Act, 1956 (HAMA)

This act deals with the adoption process for all Hindus in India. For legal purposes under this Act, a Hindu is defined as any person who is a Hindu, Buddhist, Jain, Brahmo, Sikh, Prarthna or Arya Samaji. An important condition of this Act is that if a couple already has a biological child, they can only adopt children belonging to the opposite sex (i.e. a girl if they already have a boy and vice versa). All cases related to adoption are handled by the city civil courts under this Act.

The Guardianship and Wards Act, 1890

This Act gives complete guardianship authority to all non-Hindus such as Christians, Muslims, Parsis and Jews who are also governed by their own religious personal laws. In this case, while the adoptive parents are conferred guardianship status, the adopted child does not automatically get inheritance rights. As per this law, guardians need to submit an investment plan and also invest a certain amount of money in the name of the ward for his/her future security. The adoption cases under this Act are handled by the High court or Family courts.

Who can adopt a child

Any single woman or married couple is eligible to adopt. A single male is usually not eligible to adopt a child in India (although widowers and divorcees are allowed to). The minimum age of the adopter has to be 21 years.

Additionally, if a child is less than one year old, the couple can have a maximum combined age of 90 years and neither parent can be older than 45 years.

Adoption procedure in India

There are several steps involved in the adoption procedure. First, a formal application form has to be filled out by the interested person/ couple at a certified adoption agency. (It is important to contact such an agency; not every children’s home is authorized to offer children for adoption, nor are hospitals, nursing home or religious institutions without such certification).

Then, a social worker representing the agency observes the living conditions of the couple. Their daily activities are monitored to make sure that they are capable of handling an adopted child. Some other aspects such as their family background, financial status, mental and emotional health, quality of marital life etc. are also noted.

After this is completed, a No Objection Certificate (NOC) is issued to the adoption agency by the Central Adoption Resource Agency (CARA). This is an agency under the Ministry of Women and Child development (GOI). A copy of some documents such a health certificate, marriage certificate, financial statements, bank references, photographs of the person/ couple etc. have to be submitted.

Finally after all these formalities are completed, the adoption agency shows the child to the prospective parent (s). They may have given some preferences about the child they wish to adopt (in terms of age or gender) and the agency tries to find a child according to those preferences...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Under the present rules it is must to register online and you may have to register a adoption deed as well.

The CARA will be monitoring the welfare of the adopted child.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Can we adopt a child from a Hindu widow under Hindu adoption act?

Yes.

Is it compulsory to register online to Central Adoption Resource Agency ?

Not as of yet.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

Yes you can adopt a child from a widow.

You can adopt a child by means of an adoption deed which can be registered in the family court or you can adopt the same by means of CARA. Recent guideline of 2017 regulates the adoption of the child through CARA

I would advise you to adopt the same through CARA to avoid any future complication.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. It is compulsory to adopt a child through the appropriate Adoption Resource Agency to be legally perfect.

2. Such registration of adoption with out resourcing through the appropriate agency has led to several cases wherein the said adoptions have been treated as improper after several years further leading to serious legal problems.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Client,

CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognized adoption agencies under The Juvenile Justice (Care and Protection of Children) Act, 2015.

The Ministry of Women and Child development has proposed an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA)

In ur case, Hindu Adoption and Maintenance act will prevail but registration is required.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony

Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife

The mother may give the child in adoption if the father is dead

As per regulation 7 the following conditions has to be followed before the adoption deed is registered.

A parent or guardian wishing to surrender a child under subsection

(1) of section 35 of the Act, shall apply to the Child Welfare Committee in the Form 23 of Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

For parents or guardians who are unable to give an application, due to illiteracy or any other reason, the Child Welfare Committee shall facilitate the same through the legal aid counsel provided by the Legal Services Authority.

The Specialised Adoption Agency and the Child Welfare Committee shall ensure that a copy of the Deed of Surrender is given to the surrendering parents or person.

The details of the child along with his photograph shall be entered online in the Child Adoption Resource Information and Guidance System by the Specialised Adoption Agency within three working days from the time of receiving the child.

Registration and home study of the prospective adoptive parents.- (1) The Indian prospective adoptive parents irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, shall apply for the same to Specialised Adoption Agencies through Child Adoption Resource Information and Guidance System by filling up the online application form, as provided in Schedule VI, and uploading the relevant documents thereby registering themselves as prospective adoptive parents.

Therefore, you have to follow the above process including registering online to make the adoption legally valid.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Yes you can adopt under HAMA. Direct adoption between birth parents to the adoptive parents as well as other adoptions(by lawful guardian)have got legal sanctity UNDER THE Hindu adoption and Maintenance Act. i am reproducing the said provisions for your perusal.Please go through section 9 sub section (1). Section 9. Persons capable of giving in adoption (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2) Subject to the provisions of 3[sub-section(3) and sub-section(4)], the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally 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. (3) The mother may give the child in adoption if the father is dead or has completely and finally 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. 3[(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.] (5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed 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. Explanation: For the purposes of this section- (i) the expression "father" and "mother" do not include an adoptive father and an adoptive mother; 1[***] 2[(ia) "guardian" means a person having the care of the person of a child or of both his person and property and includes- (a) a guardian appointed by the will of the child's father or mother; and (b) a guardian appointed or declared by a court; and] (ii) "court" means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. 10. Persons who may be adopted No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely,- (i) he or she is Hindu; (ii) he or she has not already been adopted; (iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; (iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. 11. Other conditions for a valid adoption In every adoption, the following conditions must be complied with: (i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption; (ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted; (iv) if the adoption is by a female.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Provisions of juvenile justice act does not apply to adoption of children made under provisions of HAMA

2) biological mother can give child in adoption to you under provisions of HAMA

3) not necessary child should be related to you

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1. No, the said provision is not for bypassing CARA.

2. You shall have to take adoptive child by registering application through CARA.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

You are right. Now you can adopt under the provisions HAMA as the Ministry of Women and Child Development is set to initiate amendments to the Hindu Adoptions and Maintenance Act, 1956 (HAMA) so as to disallow any further adoptions under the personal law and instead bring it under the purview of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Querist

Being Hindu, there is no requirement of Adoption by any other mode when there is a provision for you in Hindu Adoption & Maintenance Act, hence you may go before the sub registrar office after prepared an adoption Deed and registered the same, that will be valid all over the India.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

In that event, i would suggest you to execute an adoption deed duly registered in compliance with S.16 of HAMA. Once adopted, then file a Guardians application before the district court to get the rights. With that adoption becomes conclusive.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

As i already inform u, that CARA is nodal agency and to check any child trafficking, registration is necessary to keep record of adoption all over India.

Rest, will govern with Hindu Succession Act.

Read - Conditions of a valid adoption are provided by section 6 to 11 of the Hindu Adoption and Maintenance Act

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

We are Hindu married couple . since 10 years of marriage we have no child. Can we adopt a child from a Hindu widow under Hindu adoption act? Is it compulsory to register online to Central Adoption Resource Agency ?

You can very well adopt the child if the biological mother gives the child in adoption provided you satisfy other conditions for adoption under the hindu law for this. CARA registration is not mandatory.

You can get the adoption deed registered which will be a valid adoption.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

The Hindu Adoptions and Maintenance Act was enacted in India in 1956 which deals specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or wives, parents, and in-laws.

Under this act only Hindus may adopt subject to their fulfilment of certain criteria.

The adopted child can be either male or female. The adopted child must fall under the Hindu category. The adoptee also needs to be unmarried; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married. The child cannot be the age of fifteen or older, unless again it is custom or the usage is applicable to the involved parties. An adoption can only occur if there is not a child of the same sex of the adopted child still residing in the home. In particular, if a son were to be adopted then the adoptive father or mother must not have a legitimate or adopted son still living in the house.

The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child.

Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1. JJ Act does not apply to adoptions made in accordance with and under HAMA.

2. The biological mother/father is free to execute an adoption deed in your favour under HAMA irrespective of the provisions of JJ Act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

Yes you may do that and adopt the child as per HAMA, that will not be illegal per se.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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