Adoption according to Hindu Law The Hindu Adoption and Maintenance Act, 1969, (HAMA)

 

Adoption according to Hindu Law The Hindu Adoption and Maintenance Act, 1969, (HAMA)

The Hindu Adoption and Maintenance Act, 1956 (HAMA) is the governing law for adoption by Hindus in India. Under this law, any Hindu who is of sound mind, has attained the age of 18 years, and is not married, can adopt a child. However, if a male Hindu wants to adopt a son, he must be at least 21 years old, and the age difference between him and the adopted child must be at least 21 years. Also, a female Hindu can only adopt a child if she does not have a living husband or the husband has renounced the world or has been declared by a court of competent jurisdiction to be of unsound mind.

The adopted child is considered to be the child of the adoptive parents, and all ties with the biological family are severed. The adopted child is entitled to all the rights and privileges of a biological child, and the adoptive parents are responsible for the child's maintenance, education, and upbringing.

Under HAMA, adoption can be either "sponsored" or "unrelated". A sponsored adoption is when a child is adopted by a person who is not a close relative, but the adoption is made with the consent of the child's biological parents or guardian. An unrelated adoption is when a child is adopted from an institution or directly from the biological parents or guardian, without any prior relationship or sponsorship.

HAMA also provides for the adoption of a child of the same gender as the adoptive parent. However, the law does not recognize the adoption of a child by a same-sex couple, as same-sex marriages are not recognized under Indian law.

The Indian government has made efforts to streamline and simplify the adoption process under HAMA, with the aim of making it more accessible and efficient for prospective adoptive parents. The Central Adoption Resource Authority (CARA) is the nodal agency for the adoption of Indian children, and it provides a centralized platform for all adoption-related services.

Adoption under Hindu law is governed by the Hindu Adoption and Maintenance Act, 1956, which provides for the adoption of a child by a Hindu who is of sound mind, has attained the age of 18 years, and is not married. The law provides for both sponsored and unrelated adoption, and the adopted child is considered to be the child of the adoptive parents, with all rights and privileges of a biological child.

However, the adoption process under HAMA involves several legal formalities and requirements, including background checks, home study reports, and court appearances, which can make the process lengthy and complex. Additionally, HAMA only applies to Hindus, and adoption by people of other religions or by non-Indian parents must comply with the relevant laws and procedures.

Prospective adoptive parents are advised to seek legal counsel and guidance before embarking on the adoption process, and to adhere to the relevant legal procedures to ensure a successful and legally valid adoption. The Indian government's efforts to streamline the adoption process and the services provided by CARA have made the adoption process more accessible and efficient, but there is still a need for greater awareness and education about adoption, as well as greater support for prospective adoptive parents.

Indian government has taken steps to promote adoption and to ensure the welfare and protection of children who are in need of care and protection. In addition to CARA, which is responsible for the adoption of Indian children, the government has established other institutions and programs to provide care and protection to children, such as the Integrated Child Protection Scheme (ICPS) and the National Commission for Protection of Child Rights (NCPCR).

The Indian government has also made efforts to encourage adoption of children with special needs, older children, and children from marginalized communities. Prospective adoptive parents are encouraged to consider adopting children who may have more difficulty finding homes, and the government provides various incentives and support for such adoptions.

In recent years, there has also been an increase in inter-country adoption in India, with many children being adopted by parents from other countries. However, such adoptions must comply with the laws and regulations of both the sending and receiving countries, as well as the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, to ensure the protection and welfare of the children involved.

Adoption under Hindu law is a complex process that involves several legal formalities and requirements, but the Indian government has made efforts to streamline the process and to promote adoption as a means of providing care and protection to children. Prospective adoptive parents are advised to seek legal counsel and guidance, and to adhere to the relevant legal procedures to ensure a successful and legally valid adoption