Adoption Lawyers under HAMA in India

ADOPTION LAW

“Childbirth is an act of nature; adoption is an act of God.” Of course we are going to talk about laws related to this topic, BUT everyone should know it is something beyond the legal process. It is a journey of courageous hearts, a connection that is built with trust, empathy, understanding, love, and many feelings we cannot point fingers at. It is an exquisite promise to provide a loving home for a child in need. 

Introduction:

It is a legal process through which a non-blood-related child can be someone’s or an adoptive parent’s lawful child, with some lawful rights and duties. Central Adoption Resource Authority

(CARA), which is part of the Ministry of Women and Child Care, takes care of the process of adoption in India; it is a mandatory body to monitor and regulate in-country adoptions.

LAWS RELATED TO IT:

1.      The Hindu Adoption and Maintenance Act, 1956

2.      Juvenile justice Act, 2015

Hindus, Buddhists, Jains, and Sikhs are legally allowed to adopt kids under this act.

As Muslims, Christians, and Parsis have no specific adoption law, they have to rely on the court under the Guardians and Wards Act, 1890.

If foreigners want to adopt Indian children, they also have to approach the court under the previously said act.

Valid Adoption:

In the Hindu law the requirements for a valid adoption are... -

·         The person adopting is lawfully capable of taking the adoption

·         The person who is giving in adoption is lawfully capable of giving in adoption

·         The person being adopted is lawfully capable of being taken in adoption.

Capacity of male while adopting:

1.      He have to be a Hindu.

2.       Sound mind

3.      Not a minor

4.      Has the capacity to adopt a son or daughter

5.      If he has a wife living, he shall not adopt unless his wife gives consent.

6.      If his wife renounced the world or has ceased to be a Hindu or is of unsound mind, he does not have to take consent.

Capacity of female while adopting:

1.      She has to be a Hindu.

2.      Sound mind

3.      Not a minor

4.      Who is not married

5.       If married, the marriage has to be dissolved, or her husband has to be dead or renounce the world or cease to be a Hindu or be of unsound mind; only then does she have the capacity to take adoption.

Where the husband is there, he has the right to adopt with the consent of the wife, so that is why it is said that the female should be unmarried.

Capacity of the child being adopted :

1.      He or she is a Hindu.

2.      Has not already adopted

3.      Has not been married unless there is some custom related to this

4.      Has not completed the age of 15 again unless there is some custom that permits this. 

Starting from section 5 to section 11 of the Hindu Adoption and Maintenance Act, 1956, these capacities are written more diligently.

FAQs: 

1.    What is adoption?
A: Adoption is the legal process through which a person gets the parenting responsibilities of a child lawfully, permanently transferring all rights and obligations from the biological parents.

2. Can a single person adopt a child?
A: Yes, many countries allow single individuals to adopt, though they have specific requirements of their own laws.

3. What are the different types of adoption?

A:  Domestic Adoption (within the same country)

International Adoption (adopting a child from another country)

Open Adoption (biological and adoptive parents maintain contact)

Closed Adoption (no contact between biological and adoptive parents)

Stepparent Adoption (a stepparent legally adopts their spouse’s child)

4. Is there an age requirement for adopting a child?
A: Yes, there are laws specifying a maximum age difference between the adopter and the child.

5.    Do birth parents have rights after adoption?
A: Well, in a closed adoption, birth parents usually have no legal rights post-adoption. In open adoption, they may retain some level of contact as agreed upon.

6.    What rights do adoptive parents have?
A: Adoptive parents have the same legal rights and responsibilities as biological parents, including custody, decision-making authority, and inheritance rights.

7.    Can family members adopt a child?
A: Yes, there have been “kinship adoptions”; close relatives (like grandparents, uncles, or aunts) can legally adopt a child if the biological parents are unable to care for them.

8. Does an adopted child have inheritance rights?
A: Adopted children usually have the same inheritance rights as biological children under the law, unless stated otherwise in a will.

9. How long does the adoption process take?
A: It depends on the type of adoption, legal requirements, and background checks.

Conclusion:

Adoption laws play a pivotal role in providing legal safeguards and ensuring the well-being of children by giving them permanent families. This law can vary across jurisdictions, but in general they all focus on what is best for the child. Get legal help if necessary regarding this matter.