adoption

Adoption permanently transfers a child from the birth family to the adoptive family. The child gets all the rights of a natural-born child and loses ties with the birth family, except the bar on marriage within prohibited degrees. A valid adoption cannot be cancelled.

For Hindus, the Hindu Adoptions and Maintenance Act, 1956 lays down who may adopt, who may give and who may be adopted, and requires actual giving and taking. Since 2015 any Indian, of any religion, may adopt under the Juvenile Justice Act, through the CARA procedure and a court or District Magistrate's order. Muslim, Christian and Parsi personal laws do not provide for adoption, so members of those communities use the JJ Act. Datta homam is not essential.

Example

Since the adoptive mother was a Hindu wife, her husband's consent was required under s.8 HAMA, and the adoption made without it was invalid.

In Indian law

• Sections 6 to 11, Hindu Adoptions and Maintenance Act, 1956 (requisites of a valid adoption)
• Section 12, Hindu Adoptions and Maintenance Act, 1956 (effects of adoption)
• Juvenile Justice (Care and Protection of Children) Act, 2015, Chapter VIII (adoption)

See also

dattaka homam · guardianship · custody · Hindu undivided family

Read more in the study notes

• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Lending by banks: principles, priority sector, securities, interest and penalty (Banking Law)
• Protection of victims: compensation and treatment (Bharatiya Nagarik Suraksha Sanhita)
• Juvenile Justice Act, 2015: salient features and the Juvenile Justice Board (Bharatiya Nagarik Suraksha Sanhita)
• Juvenile Justice Act: children in need of care and protection, the Child Welfare Committee and rehabilitation (Bharatiya Nagarik Suraksha Sanhita)
• Confessions: meaning, forms, voluntariness and confessions to the police (Bharatiya Sakshya Adhiniyam)