• Adoption under HAMA

I am single hindu 34 year male. Can i adopt a child under provisions of HAMA and not really go through registration under CARA? (As later has a long uncertain waiting period).
Asked 1 month ago in Family Law
Religion: Hindu

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19 Answers

Yes you can adopt a child

Deependra Pati Tiwari
Advocate, Faridabad
15 Answers

Not rated

Yes,Definitely you may but male child below the age of 15 years. 

Female child you can't until you are with your wife and  joint affidavit executed before the Court to adopt the female child.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You can adopt a child  from close family relative 

2) there should be giving and taking ceremony 

 

3) deed of adoption should be executed duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

No registration is compulsory.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

Giving and taking ceremony is when child is given in adoption by biological parents to adoptive parents 

 

2) if you don’t have close family relative follow CARA procedure 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You may adopt out of your close relatives before Famy Court/ District Court upon application under HAMA.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

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. If you are adopting the daughter than age difference must be 21 years.

Just execute adoption deed, same will consider giving and taking. And to make the adoption full proof, held a ceremony just like birthday. Take pictures of it. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

There is a ceremony where they will handover the child to you. That would be the giving and taking ceremony 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

- Any person who wanted to adopt should satisfy the following:

  1. A single female can adopt a child of any gender
  2. A single male is not eligible to adopt a girl child
  3. Age of a single parent does not exceed 55 years. 

- Hence, you can adopt a child of any gender legally.

- In India, the only legal way to adopt a child is to go through CARA , and any other route could make your adoption process illegal.

- Further , as per rule 33 (5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 , District courts, Family Courts & City Civil courts are the competent courts to deal with adoption petitions.

- Further, as per Para 12 (4) of the Adoption Guidelines ,  the Court is expected to dispose of the case within a period of two months from the date of filing of the adoption petition by the specialized adoption agency.

-  Further, you can select the State for applying for adoption as per your preference , online as well. 

- The following documents are needed :-

  1. Current family photograph/ photograph of the couple or person adopting a child
  2. PAN Card 
  3. Birth certificate/Proof of date of birth of the prospective adoptive person
  4. Proof of residence, like Aadhar card/ voter card/ passport/electricity bill/telephone bill etc
  5. Proof of income of last year
  6. Certificate from a medical practitioner certifying that the prospective persons do not suffer from any chronic, contagious or fatal disease and they are fit to adopt
  7. If the prospective person is married , then marriage certificate or any other proof for marriage 
  8. If prospective person has taken divorce , then Divorce Decree/Declaration from the competent court or affidavit on oath pertaining to divorce

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that  you can adopt from some close relatives and for that you are required to prepare one adoption deed wherein it will be entered at the the so and so is giving away his child and the so and so is accepting the child. The deed is to be notarised and then case is to filed in the family court as per HAMA. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

single or divorced person can also adopt in accordance with the provisions of adoption regulations framed by the Authority but a single male is not allowed to adopt a girl child

 

Section 7 of the Act states Capacity of a male Hindu to take in adoption which states that
“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 unless the wife 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.”

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

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. The guidelines and documentation process for each group of adoptive parents may differ.

Conditions for adoption by Hindu couples or single parent

  1. “In case of adoption of a son by any Hindu male or female, there should not be any living son in the succeeding three generation of the party (whether by legitimate blood relationship or by adoption) at the time of adoption.
  2. In case of adoption of a daughter by any Hindu male or female, they should not have any daughter or son’s daughter at the time of adoption.
  3. Where there is an adoption of a daughter by a male then the adoptive father should be at least twenty-one years older than the child.
  4. Where there is an adoption of a son by a female than the adoptive mother should be at least twenty-one years older than the child”.   

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Yes, Indian law allows a single male or female to adopt a child. The law of adoption in India is governed by three legislations (Acts) generally:

1. Hindu Adoption and Maintenance Act, 1956.

2. Guardians and Wards Act, 1890.

3. Juvenile Justice Act of 2000.

There are some requirements which a single male has to fulfill before he can adopt a child under all these laws. Let’s go through them.

1. Hindu Adoption and Maintenance Act, 1956.

As per section 6 of this act, an adoption is valid, if:

i. The person who wants to adopt has the capacity and right to adopt.

ii. The person giving in adoption has the capacity to do so.

iii. The child is one, who can be adopted.

iv. Adoption meets all the conditions required by the act.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

1. Yes, Adoption can be concluded through a registered Adoption deed subject to compliance with the provisions of the Act (Sec
16 of HAMA)

2. Yes you can adopt child from a relative. But you need to execute registered adoption deed to make adoption valid. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

You have to follow the guidelines of CARA as per the law. If the parents are willing then an adoption deed is sufficient.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Yes you can adopt a child of a relative.

An adoption deed is made and registered.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Yes you can readily do it. Best O f luck

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You can't adopt female child only male child can be adopted. Plus you need to follow CARA procedure. If you do not want to follow CARA procedure than court proceedings along with child's parents permission.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

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