India Child Adoption under Hindu Law

The Hindu Adoptions and Maintenance Act, 1956 is the sole codified law administering adoption in India. The law is applicable to all Hindus, including Jains, Sikhs, Buddhists, and other sects governed by the Hindu Law. Besides, the Hindu Adoptions and Maintenance Act extend to adoptions throughout the country, except in the state of Jammu and Kashmir.

Who is legally entitled to give a child for adoption?

Under the Hindu Adoptions and Maintenance Act, a father can give a child for adoption, provided the mother consents. A mother' s consent is not required if she is of unsound mind or has renounced the world. Additionally, a mother can give up a child for adoption if the father is either dead, of unsound mind or has ceased to practice Hinduism. 

In certain special cases, a guardian is legally eligible to give the child in adoption, including when:

• Both parents expired.
• Both parents are of unsound mind.
• Both parents abandoned the child.
• The child's parentage is unknown.

However, a guardian can only give a child in adoption after obtaining a special permission from the court.

Hindu Adoptions and Maintenance Act: Who is qualified to adopt?

The basic requirements under the Hindu Adoptions and Maintenance Act to adopt a child are:

• S/he should have attained majority (21 years for men and 18 years for women)
• S/he is of sound mind
• His/her spouse has ceased to be a Hindu
• His/her spouse has expired or renounced the world

The Hindu Adoptions Act enables even unmarried individuals to adopt a child, provided they qualify the first two requisites. Also, note that a married woman is not entitled to adopt a child under the Hindu adoptions act, unless her husband qualifies under either of the last two sections.