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THE GUARDIAN AND WARD ACT (GWA)

Personal law of Muslims, Christians, Parsis and Jews does not recognise complete adoption.  As non-Hindus do not have an enabling law to adopt a child legally, those desirous of adopting a child can only take the child in 'guardianship' under the provisions of The Guardian and Wards Act, 1890.

This however does not provide to the child the same status as a child born biologically to the family.

Unlike a child adopted under the Hindu Adoption and Maintenance Act, 1956 the child cannot become their own, take their name or inherit their properly by right.  This Act confers only a guardian-ward relationship.  This legal guardian-ward relationship exists until the child completes 21 years of age.

Foreigners who seek to adopt an Indian Child, do so under this Act to assume legal Guardianship of the child, after giving an assurance to the court, that they would legally adopt the child as per the laws of their country, within two years after the arrival of the child in their country.

URL: http://www.cara.nic.in/carahome.html

 

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