Essential Condition For Adoption Under Hindu Adoptions & Maintenance Act,1956 | The National TV

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Introduction

Adoption is a way in which the person can adopt a child if they are not having their own children. Hindu Adoption & Maintenance Act, 1956 applies to Hindu persons and certain essential conditions are to be fulfilled for a valid adoption. If adoption is not legal then the person isn't having any right over the adopted child. Essentials of a Valid adoption Sec 6 of Hindu Adoptions and Maintenance Act,1956 deals with the essential conditions required for the adoption and if not followed then adoption will be held illegal no matter whether a fact is completed as Doctrine of Factum Valet won't be applied in adoption.

 

Sec 6(i) of this act states that the person who is willing to adopt the child must have the capacity & right to adopt.

Clause (ii) of this Section states that from whom the person is adopted must have the capacity to give adoption.

Clause (iii) of this section states that the person who is being adopted must be capable of adoption.

 

When a male Hindu can adopt? Sec 7 of Adoptions and Maintenance Act, 1956 deals with the capacity of a male Hindu who can take adoption. This act states that males should not be of unsound mind and must have attended the age of majority. If the male is having a living wife then he should take her proper consent. The consent is not required if the wife is of unsound mind as declared by the court if complete jurisdiction, or dead or ceased to be Hindu. When a female Hindu can adopt? Sec 8 of Adoptions and Maintenance Act, 1956 deals with the capacity of a female Hindu who can take adoption. This act states that the female should not be of unsound mind and must have attended the age of majority. She can adopt if she is unmarried if her marriage is dissolved or her husband is dead or ceased to be Hindu or completely renounced the world or her husband is of unsound mind as declared by a court of complete jurisdiction. When the person would be adopted? Sec 10 of Adoptions and Maintenance Act,1956 deals with conditions whose fulfillment will lead to the adoption of the person. Sec 10 states that the person should be Hindu and has not been adopted by any other person. He/She must not be married unless the custom allowing them to adopt a married person. The person must not be above fifteen years of age unless there is custom allowing such practices.

 

Other conditions for a valid adoption Sec 11 of Adoptions and Maintenance Act,1956 deals with certain conditions.

Clause (i) of this section states that if the person is adopting a boy then they must not have any Hindu son, son's son, son's son's son at the time of adoption.

Clause (ii) of this section states that if the person is adopting a girl then they must not have any Hindu daughter, son's daughter at the time of adoption.

Clause (iii) of this section states that if the male Hindu is adopting a girl child then his age must be at least twenty-one years.

Clause (iv) of this section states that if the female Hindu is adopting a boy child then her age must be at least twenty-one years.

Clause (v) of this section states that the same child can't be adopted by two or more persons.

Clause (vi) of this section states that adoption must be legal with completing all required formalities and with the consent of parents or guardians or through the court with complete jurisdiction.

 

 

 

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