Hindu Adoption Law: Current Requirements
A valid Hindu adoption is governed by Chapter II of the Hindu Adoptions and Maintenance Act, 1956 (HAMA). The validity of an adoption depends on compliance with the statutory conditions, not merely on execution of an adoption deed.
Conditions to Check Before Adoption
- Section 6 - Requisites: the adopter must have capacity and the right to take in adoption, the person giving must have capacity, the child must be capable of being adopted, and the adoption must comply with the other statutory conditions.
- Section 7 - Male Hindu adopter: a male Hindu who is of sound mind and not a minor may adopt. If he has a wife living, her consent is ordinarily required; if more than one wife is living, the consent requirements of Section 7 apply.
- Section 8 - Female Hindu adopter: a female Hindu who is of sound mind and not a minor may adopt. If she has a husband living, his consent is ordinarily required unless a statutory exception applies.
- Section 9 - Person giving the child: the father and mother have equal rights to give the child in adoption, subject to the other parent's consent and the statutory exceptions. A guardian may give a child only in the circumstances and with the previous court permission specified in Section 9.
- Section 10 - Eligibility of child: the child must be Hindu, must not already have been adopted, must ordinarily be unmarried, and must ordinarily be below 15 years of age unless an applicable custom or usage permits otherwise.
- Section 11 - Existing-child restriction: for adoption of a son, the adopter must not have a Hindu son, son's son or son's son's son living. For adoption of a daughter, the adopter must not have a Hindu daughter or son's daughter living.
- Opposite-sex age difference: a male adopting a female child must be at least 21 years older than the child, and a female adopting a male child must be at least 21 years older than the child.
- Actual giving and taking: the child must actually be given and taken in adoption with the intention of transferring the child from the family of birth to the adoptive family. HAMA expressly states that performance of datta homam is not essential to validity.
Updated Adoption Deed Format
Use only the clauses that match the actual facts. The specimen is drafted so that either a male or female Hindu may be the adoptive parent and either parent lawfully entitled under Section 9 may give the child in adoption.
DEED OF ADOPTION
This Deed of Adoption is made and executed on this day of , 20 at .
BETWEEN
Mr./Ms. , son/daughter of , aged about years, residing at , a Hindu by religion, hereinafter referred to as the "Adoptive Parent";
AND
Mr./Ms. , son/daughter of , residing at , being the father/mother lawfully entitled to give the child in adoption, hereinafter referred to as the "Natural Parent".
WHEREAS
1. The Adoptive Parent is a Hindu, is of sound mind, is not a minor and is legally competent to take a child in adoption under Section 7 or Section 8 of the Hindu Adoptions and Maintenance Act, 1956, as applicable.
2. [Where spouse consent of the Adoptive Parent is required:] Mr./Mrs.
, spouse of the Adoptive Parent, has freely
consented to the adoption.
OR
[Where a statutory exception applies:] such consent is not required because
.
3. The child proposed to be adopted is , son/daughter of Mr. and Mrs. , born on , and is capable of being adopted under Section 10 of the Act.
4. The Natural Parent is legally competent under Section 9 to give the child in adoption.
5. [Where the other natural parent is living and consent is required:]
Mr./Mrs. , being the other natural parent,
has freely consented to the child being given in adoption.
OR
[Where a statutory exception applies:] consent of the other natural parent
is not required because .
6. The proposed adoption complies with Section 11, including the applicable restriction concerning an existing son or daughter, the prescribed age difference where the adopter and child are of opposite sexes, and the rule that the same child cannot be adopted simultaneously by two or more persons.
7. On at , the Natural Parent actually gave and the Adoptive Parent actually took the child in adoption with the intention of transferring the child from the family of birth to the adoptive family in accordance with HAMA.
NOW THIS DEED WITNESSETH AS FOLLOWS
1. The Natural Parent hereby declares and confirms that he/she has lawfully given in adoption to the Adoptive Parent, and the Adoptive Parent hereby declares and confirms that he/she has lawfully taken the said child in adoption.
2. The parties confirm that the actual giving and taking took place with the intention required by Section 11 and that the adoption is intended to operate in accordance with the Hindu Adoptions and Maintenance Act, 1956.
3. From the date of a valid adoption, the adopted child shall be deemed to be the child of the adoptive parent for all purposes, subject to Section 12 and its statutory provisos.
4. Nothing in this deed shall be construed as creating a property or succession right beyond, or contrary to, Section 12 and other applicable succession law.
5. The parties declare that no prohibited payment or reward has been made, received, given, promised or agreed in consideration of the adoption contrary to Section 17 of HAMA.
6. This deed is executed to record and evidence the adoption. Where the document is registered and signed by the person giving and the person taking the child in adoption, the evidentiary presumption under Section 16 may apply unless disproved.
IN WITNESS WHEREOF, the parties have signed this Deed of Adoption on the date and at the place first written above.
Adoptive Parent
Signature: ______________________________
Name: __________________________________
Natural Parent / Person Giving the Child in Adoption
Signature: ______________________________
Name: __________________________________
Consent of Spouse of Adoptive Parent - where required
Signature: ______________________________
Name: __________________________________
Consent of Other Natural Parent - where required
Signature: ______________________________
Name: __________________________________
Witness No. 1
Signature: ______________________________
Name & Address: ______________________________________________
Witness No. 2
Signature: ______________________________
Name & Address: ______________________________________________
Effect of Adoption
Section 12 provides that, from the date of a valid adoption, the adopted child is deemed to be the child of the adoptive parent for all purposes and the child's ties with the family of birth are severed and replaced by those created in the adoptive family, subject to the statutory provisos. Those provisos must be considered before making absolute statements about marriage prohibitions or property already vested.
Registered Adoption Deed and Section 16
Section 16 gives evidentiary significance to a registered document recording an adoption when it is signed by the person giving and the person taking the child in adoption. A court shall presume compliance with the Act unless the presumption is disproved. Registration is therefore useful evidence, but it does not cure an adoption that fails the substantive requirements of HAMA.
Official Legal Resources
Legal note: This is a general specimen for a Hindu adoption under HAMA. The correct statutory route depends on the status of the child, the parties' capacity, actual consent, giving and taking, applicable custom where relied upon, and state-specific stamp and registration requirements.
Frequently Asked Questions
Must an adoptive parent be completely childless?
No. Section 11 contains specific restrictions depending on whether a son or daughter is being adopted. The applicable family composition must therefore be checked in each case.
Can the mother give the child in adoption?
Yes. Under current Section 9, the father and mother have equal statutory rights, subject to the consent of the other parent while both are living unless a statutory exception applies.
Are religious ceremonies compulsory?
Actual giving and taking with the required intention is essential under Section 11. The Act expressly states that performance of datta homam is not essential.
Is registration of the adoption deed useful?
Yes. A registered document satisfying Section 16 may attract the statutory presumption stated in that section, although all substantive requirements of a valid adoption must still be satisfied.