What is Adoption :
Relationship of the child is severed legally from his/her
biological parents
Child becomes the lawful child of his/her adoptive parents
All the rights, privileges and responsibilities post adoption are
similar to that in case of a biological child.
(Sec 12 of HAMA, 1956)
HAMA ACT PROVISION :
An Act only for Hindus, as the child, the giver and the taker has to be a Hindu
(a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe
governed by their customary law can not adopt) (Sec 2 of HAMA)
Eligibility of adoptive parents (Sec 6 to 8 of HAMA)
Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under
this act only with the consent of his living wife (Husband is the adopter and wife is
merely consenter)
A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c))
A person having a male child can not adopt a male child
A person having a girl child can not adopt a girl child
Age difference between the adoptive father and the adoptive girl child to be at
least 21 years (Sec 11 (iii))
The child has to be below 15 years of age (Sec 10(iv) of HAMA
Courts permission to adopt under this act is required only in
the following cases (Sec 9(4) of HAMA):
where both the father and mother are dead
where both the father and mother have completely and finally
renounced the world and where both the father and mother with mutual consent
where both the father and mother have abandoned the child or demise of one parent
where both the father and mother have been declared to be of unsound
mind by the court concerned or a single parent having full custody of child
where the parentage of the child is not known
Valid Adoption can not be cancelled (Sec 15 of HAMA)
If any question or query regarding LEGAL Adoption Call on- 7566055777
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