Adoption Under the Hindu Adoptions and Maintenance Act (HAMA), 1956,

Under the Hindu Adoptions and Maintenance Act (HAMA), 1956, adoption is the legal process that permanently transfers a child from their birth family to an adoptive family. Once adopted, the child is treated as the legitimate child of the adopters for all legal purposes, severing all ties with the biological family.

1. Essentials of a Valid Adoption (Section 6)

For an adoption to be legally valid, it must meet these four fundamental criteria:

1. The person adopting must have the capacity and the right to take in adoption.

2. The person giving in adoption must have the capacity to do so.

3. The person being adopted must be capable of being taken in adoption.

4. The adoption must comply with other conditions specified in the Act (e.g., age gaps and ceremonies).

2. Capacity to Take in Adoption (Who may adopt?)

Sections 7 and 8 define the capacity of Hindu males and females.

• For a Hindu Male (Section 7):

  • Must be of sound mind and a major.

  • If he has a living wife, her consent is mandatory (unless she has renounced the world, ceased to be a Hindu, or is declared of unsound mind).

• For a Hindu Female (Section 8):

  • Must be of sound mind and a major.

  • An unmarried woman, a widow, or a divorcee can adopt.

  • A married woman can adopt only if her husband is dead, has renounced the world, has ceased to be a Hindu, or is declared of unsound mind by a court.

3. Capacity to Give in Adoption (Section 9)

Only three categories of people are authorized to give a child in adoption:

1. The Father: He has the primary right, but must obtain the mother's consent.

2. The Mother: She can give the child in adoption if the father is dead, disqualified, or if the child is illegitimate.

3. The Guardian: If both parents are dead, have abandoned the child, or are of unsound mind, a testamentary or court-appointed guardian may give the child in adoption with prior permission from the court.

4. Who Can Be Adopted? (Section 10)

A child is capable of being adopted only if:

• They are a Hindu.

• They have not already been adopted.

• They are unmarried (unless a custom allows otherwise).

• They are under the age of 15 (unless a custom allows otherwise).

5. Other Mandatory Conditions (Section 11)

• Gender Rules: If adopting a son, the adopters must not have a living Hindu son, grandson, or great-grandson. If adopting a daughter, they must not have a living Hindu daughter or granddaughter.

• Age Gap: If a male is adopting a female (or vice versa), the adopter must be at least 21 years older than the child.

• No Simultaneous Adoption: The same child cannot be adopted by two or more persons simultaneously.

• Actual Giving and Taking: The child must be physically handed over by the giver to the taker with the intent to transfer them from the family of birth to the family of adoption.