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Adoption in Hindus


The person giving a child in adoption has the capacity/right to do so:

  1. No person except the father or mother or guardian of the child shall have the capacity to give the child in adoption.

  1. The father alone if he is alive shall have the right to give in adoption, but such right shall not be exercised except with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

  1. The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

  1. Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown - the guardian of the child may give the child in adoption with the previous permission of the court. The court while granting permission shall be satisfied that the adoption is for the welfare of the child and due consideration will be given to the wishes of the child having regard for the age and understanding of the child.

The court shall be satisfied that no payment or reward in consideration of the adoption except as the court may sanction has been given or taken.

 

The person can be adopted

No person can be adopted unless 

  1. he or she is a Hindu;

  1. he or she has not already been adopted;

  1. he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

  1. he or she has not completed the age of fifteen years unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.



Adoption in Hindus Back




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