Adoption under Hindu Law is a legal process where a child is taken into the family of another person or couple with the intention of creating a permanent parent-child relationship.
Under Hindu Law, adoption creates a permanent and irrevocable relationship between the adoptive parents and the adopted child, and the adopted child is treated in the same manner as a biological child. This means that the adopted child has all the rights, privileges, and obligations of a biological child, and the adoptive parents are responsible for the care, protection, and maintenance of the child.
Eligibility of Adoption
Any Hindu, including a non-Hindu, is eligible to adopt a child under Hindu Law. However, certain restrictions and qualifications apply depending on the gender and marital status of the adoptive parent.
Types of Adoption
Hindu Law recognizes two types of adoption:
- Sambandha Adoption: This type of adoption is also known as a ‘sahodara’ adoption, where a child is adopted within the family of the adoptive parents, typically among close relatives such as cousins, nephews, or nieces. The purpose of this type of adoption is to maintain family lineage and to ensure that the property remains within the family.
- Dattaka Adoption: This type of adoption is also known as a ‘kshetraja’ adoption, where a child is adopted from outside the family, usually by a childless couple. This type of adoption is considered to be a social and moral obligation, and it is believed that by adopting a child, the adoptive parents are fulfilling their duty towards society.
Dattaka adoption can be further classified into two categories:
- Hita Adoption: This type of adoption is done for the welfare of the child, where the biological parents are unable to take care of the child due to various reasons such as poverty, illness, or death.
- Anuloma Adoption: This type of adoption is done to ensure the continuity of the family lineage, where the adopted child is from a lower caste or social status than the adoptive parents. This type of adoption is allowed under certain conditions, and the child being adopted must be related to the adoptive parents by blood.
Eligibility of Child for Adoption
A child who is below the age of 18 years and who has not been married is eligible for adoption under Hindu Law. The child must be legally free for adoption, meaning that the biological parents have either given up their parental rights or have passed away.
Procedure of Adoption
Adoption under Hindu Law is a legal process that involves various steps, such as filing an adoption petition, obtaining consent from the biological parents or legal guardians, conducting a home study and background check of the adoptive parents, and obtaining an adoption order from the court.
Legal Effect of Adoptions
Once the adoption order is granted, the adopted child becomes the legal child of the adoptive parents and acquires all the rights and obligations of a biological child. The child also loses all rights and obligations towards their biological family, except for certain property rights.
Void and Voidable Adoptions
Under certain circumstances, an adoption may be declared void or voidable. For example, if the adoption was not conducted in accordance with legal requirements or if it was obtained by fraud, coercion, or undue influence.
