Under Hindu law, adoption is a way of creating a legal relationship between a child and a person who is not their biological parent.
Adoption is based on the principle of giving a child the opportunity to be raised in a loving and caring family environment, and to provide them with the rights and privileges that are associated with being a member of that family.
The Nature of Adoption under Hindu Law
- Legal relationship: Adoption creates a legal relationship between the adopted child and the adoptive parents. The adopted child is treated as if they were born to the adoptive parents, and they have all the rights and privileges that are associated with being a member of that family.
- Permanent: Adoption is a permanent relationship. Once an adoption is finalized, it cannot be revoked or cancelled except under certain limited circumstances.
- Irrevocable: Adoption is an irrevocable act. Once an adoption is finalized, the adopted child cannot be returned to their biological parents, and the adoptive parents cannot disown the adopted child.
- Transfer of parental rights: Adoption involves the transfer of parental rights and responsibilities from the biological parents to the adoptive parents. The adoptive parents become the legal guardians of the adopted child and are responsible for their upbringing, education, and welfare.
- Consent: Adoption requires the consent of both the biological parents, if they are alive and competent to give consent. If the biological parents are not available or unable to give consent, the court can dispense with their consent under certain circumstances.
