• Adoption

Adoption law
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

Kidly tell the details as to who has to make the adoption and whose adoption is to be made.

Dor details regarding adoption you may visit CARA website, through whoch you may make adoption.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1)In India, an Indian whether he is married or single, Non-Resident Indian (NRI), or a person belonging to any nationality (foreigner) may adopt a child.

2)As per the Hindu law following child may be adopted namely-

The child can either be a girl or a boy if he/she is a Hindu.

He/ She has not been adopted before.

The age of the child is below 15 years.

The child should not be married.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Concerned,

Kindly post detailed question for the Adoption matter.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Please specify your query.-

However I give few relevant information-

Fundamental principles governing adoption.- The following fundamental principles shall govern adoptions of

children from India, namely:-

(a) the child's best interests shall be of paramount consideration, while processing any adoption placement;

(b) preference shall be given to place the child in adoption with Indian citizens and with due regard to the

principle of placement of the child in his own socio-cultural environment, as far as possible;

(c) all adoptions shall be registered on Child Adoption Resource Information and Guidance System and the

confidentiality of the same shall be maintained by the Authority.

4. Child eligible for adoption.- The following shall be eligible for adoption, namely:-

(a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare

Committee;

(b) a child of a relative defined under sub-section (52) of section 2 of the Act;

(c) child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption

by the step-parent.

5. Eligibility criteria for prospective adoptive parents.- (1) The prospective adoptive parents shall be physically,

mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.

(2) Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or

daughter, can adopt a child subject to following, namely:-

(a) the consent of both the spouses for the adoption shall be required, in case of a married couple;

(b) a single female can adopt a child of any gender;

(c) a single male shall not be eligible to adopt a girl child;

(3) No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

(4) The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the

eligibility and the eligibility of prospective adoptive parents to apply for children of

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

The adoption can be done through Hindu Adoption and maintenance law among hindu and further the CARA guidelines are there for the adoption through centralised system.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

What exactly want to know ?

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Please visit the website of Cara for detailed information on adoption process.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hindu adoption act applies to Hindus and all those considered under the umbrella term of Hindus, which includes:

a Hindu by religion in any of its forms or development;

a Buddhist, Jain or Sikh;

a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;

2) Under this act only Hindus may adopt subject to their fulfilment of certain criteria. The first of these asserts that the adopter has the legal right to (under this Act that would mean they are a Hindu). Next, they have to have the capacity to be able to provide for the adopted child. Thirdly the child must be capable of being adopted

3) Men can adopt if they have the consent of their wife

4) . Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Dear,

In India,Hindus are allowed to formally adopt a child. This adoption comes under Hindu adoption

and maintenance act, 1956.

The prospective foster/adoptive parents may be single or married and must:

be at least 21 years of age, financially stable, and responsible mature adults,

complete an application (staff will assist you, if you prefer),

share information regarding their background and lifestyle,

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Go the website of CARA(Central Adoption Resource Authority, Ministry of Women & Child Development, Government of India) to know everything about adoption in India.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear sir,

Adoption is a very vast topic. In hindu law it is even covered by Hindu Sucession Act .please be more eloborative so to give best suggestion.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Adoption is not permitted in the personal laws of Muslims, Christians, Parsis and Jews in India. Hence they usually opt for guardianship of a child through the Guardians and Wards Act, 1890. ... The adoption is under the Hindu Adoption and Maintenance Act of 1956 that was enacted in India as a part of the Hindu Code Bills

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear

What do you want to know about adoption law.?

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

Not rated

Adoption according to Indian law is a personal act and hence is governed by the various personal laws of the different religions. Adoption is not permitted in according to the personal law of Muslims, Christians, Parsis and Jews in India.

Hence they usually opt for guardianship of a child through the Guardians and Wards Act, 1890.

Hindu Adoption and Maintenance Act, 1956 applies to all Hindu, Buddhists, Sikhs and Jains by religion. A child, legitimate or illegitimate, whose parent(s) or guardians were Hindu, Buddhist, Jain or Sikh is also considered under this act. A person who converted to these religions is also considered under this act. According to the act a 'Hindu' is any person to whom this act applies. In this act a minor is any person who has not completed 18 years of age. This act supersedes any act concerning Hindu adoption and maintenance.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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