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The laws that govern adoption ........Swati Deshpande
THE HINDU ADOPTION AND MAINTENANCE ACT (HAMA) The only codified law available for adoption in India for Hindus, is THE HINDU ADOPTION AND MAINTENANCE ACT (HAMA) This Act came into force in 1956 and is applicable to: 1. Any person who is a Hindu by religion in any of its forms or development. 2. Any person who is a Buddhist, Jain or Sikh. 3. Any person who is not a Muslim, Christian, Parsi or Jew. 4. Any child, legitimate or illegitimate, whose parents are Hindus, Buddhists, Jains or Sikhs. 5. Any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up. 6. Any abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist etc. 7. Any person who is a convert to the Hindu, Buddhist, Jain or Sikh religion. YOU CAN ADOPT IF 1. You are a Hindu male, over 21 years, single and of sound mind. 2. You are a married Hindu male, but only with the consent of the wife. 3. You are a female Hindu of sound mind and single, viz either unmarried, widowed or divorced. WHO YOU CAN ADOPT 1. A son—if you do not have a biological son, grandson or great-grandson. 2. A daughter—if you do not have a biological daughter or a son’s daughter. The adopted child enjoys all the rights of the biological child. THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2006 1. Allows for adoption of children who are orphaned, abandoned or surrendered 2. Allows adults, irrespective of their marital status and irrespective of the number of living biological children they have, from any community to adopt; Doesn’t restrict it to Hindus. However, the Act has yet to be used widely. 3. Children will be given in adoption by a court after the latter is satisfied that all investigations have been carried out as required |
