Indian Law: Adoption of a Non-Hindu Child by A Hindu

Adoption is a legal process that creates a new and permanent relationship between a child and the adoptive parents, similar to that of a child who has biological parents. Adoption is treated equivalent to natural birth under personal laws in India. On adopting a child, Indian law bestows the adoptive parents with all the legal rights, responsibilities and obligations as that of legal parents.

Indian Law: The Adoption Process

According to Indian law, Hindus are legally entitled to give and take a child for adoption. Few mandatory conditions laid down by Indian law for a valid adoption to be considered legally valid are:

• The person whose child is being adopted should be a Hindu.
• The person who is taking the child for adoption should be a Hindu.
• The child who is being adopted should be a Hindu.

A child who is legally adopted as per Indian law is considered as the child of the adoptive father for all purposes, such as his surname and caste.

Indian Law: A Case Study on Adoption of Muslim Child by a Hindu

An important question pertaining to the validity of adoption of a Muslim child by Hindu parents was addressed in the case of Kumar Sursen v. State of Bihar, AIR 2008 Pat 24. The issue arose when a minor child born to Muslim parents filed an application for issuance of a caste and residence certificate citing that of his adoptive father, Kamal Prasad Roy. The child demanded the entitlement for admission to the caste and residence of his adoptive father on the grounds that he was the adopted son of Kamal Prasad Roy. The boy further wanted to change his original name Sahadat to Kumar Sursen. However, the application was refused by the authorities.

The court ruled that as per the provisions of the Hindu Adoption and Maintenance Act, 1956, only a Hindu child can be legally adopted and a non-Hindu child is not entitled to this facility. The court further held that although the child cannot be adopted by the Hindu father, but he can change his name and residence to the one he had adopted, only if it is not objected to by his parents and the Hindu-well wisher.