Hindu Law: FAQs on Adoption

The prayer for a son has always been of great importance right from the ancient era. In the same context, the adoption of a son is valid in Hindu law.

Does Hindu law recognize adoption?

Adoption, in its actual meaning is only recognized by Hindu law. This means that Hindu law acknowledges an adopted son as a substitute for a biological one. The traditional Hindu belief that for a family, to stay abound spiritually and materially, a son must be part of the family, supports the cause of adoption in Hindu law.

Which Hindu Law Governs Adoption?

For Hindus, adoption is governed by the Hindu Adoptions & Maintenance Act (HAMA), which was enforced in December 1956. The Act aims at overcoming discriminatory provisions in terms of gender equality by focusing on the importance of gender equality and social justice. Apart from the State of Jammu and Kashmir, the Act applies to Hindus all over India. Moreover, all Hindus i.e. Sikhs, Jains and Buddhists are covered under this law. Although the Act liberalized the Hindu adoption laws to a great extent, it has several loopholes that need to be overcome.

What are the Conditions of Adoption under Hindu Law?

Under HAMA 1956, any Hindu, male or female, having a sound mind is eligible to adopt a child. However, there are some conditions that need to be fulfilled, such as:

• If you already have a child, be it by blood or adoption, you are not allowed to adopt another child of the same gender.
• You cannot adopt a son if you already have a Hindu son, son’s son, or son’s son’s son, be it biological or adopted. In the same way, you cannot adopt a daughter if you have a Hindu daughter or son’s daughter.
• If you want to adopt a child of opposite sex than you, there must be a difference of at least 21 years between you and the child you want to adopt. The purpose of this provision is to protect the child against sexual abuse by the adoptive parent(s).
• If you are a married Hindu male wanting to adopt a child, the consent of your spouse is essential. In case the spouse is ineligible to take a decision due to being of unsound mind, has renounced the world or has converted into another religion, the consent is not necessary. The same applies to an adult female of sound mind looking forward to adopt a child.
• If you have more than one wife during the process of adoption, you must take consent of all of them to be able to adopt a child.
• An unmarried, divorced or widowed adult Hindu female of sound mind has the right to adopt a child.
• Court permission is not required in case of in-country adoption. This is because adoption is considered as a private act between biological and adoptive parents.

What are the provisions for parent who want to give their child in adoption?

When it comes to parents looking forward to give their child in adoption, the following conditions must be met:

• A father can give the chilled in adoption, however the mother’s consent is important for that. In case the mother has been declared by court to be of unsound mind, has converted into another religion or has renounced the world, such consent is not required. The same applies to a mother wanting to give her child in adoption.
• A widowed mother has the right to give her child in adoption.

In case the biological parents are suffering from legal disabilities or have passed away and the child is being taken care of by a guardian, then the permission of count must be taken by the guardian to give away the child in adoption.