Under Hindu Law, adoption is considered to be a solemn and irrevocable act, and there are certain essential conditions that must be met for the adoption to be valid.
The Essential Conditions for a Valid Adoption under Hindu Law
- Capacity to adopt: The adoptive parent must have the capacity to adopt under Hindu Law. A Hindu male who is of sound mind and has attained the age of majority may adopt a child. A Hindu female who is of sound mind and is not married, or is married to a person who is impotent or has given his consent to the adoption, may adopt a child.
- Capacity to be adopted: The child to be adopted must be capable of being adopted. The child must be Hindu and must be under the age of 15 years unless custom or usage permits the adoption of a child above the age of 15 years.
- Consent: The consent of the biological parents is required for the adoption unless they have relinquished their parental rights or are dead. If the child is of a certain age and maturity, their consent is also required.
- Giving and taking: There must be a giving and taking ceremony between the biological parents and the adoptive parents, and the child must be transferred from the biological family to the adoptive family.
- Legal formalities: The adoption must be formalized by a registered adoption deed, which is a legal document. The adoption deed must be executed by both the biological parents and the adoptive parents.
