Family Law / Matrimonial Dispute

Guardianship / Adoption

Adoption is a legal process that creates a parent child relation between persons not related by blood. An adopted child is entitled to all privileges as similar to natural-born child. Adoptive child also has right to inherit. It is usually referred to as the legal process of becoming non-biological parent. Adoption is the act of accepting with approval. The adopted son is then taken as being born in the new family and acquires rights, duties and status there only, and his tie with the old family comes to an end.

In India only Hindus can adopt a child legally and people belonging to other religions who are desirous of adopting a child can only take the child in 'guardianship' under the provisions of The Guardians and Wards Act, 1890.

Who can adopt?

The Hindu Adoption and Maintenance Act, 1956 extends to only the Hindus, which are defined under Section-2 of the Act and include any person, who is a Hindu by religion.

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.
Section 41 (6) Juvenile Justice (Care & Protection of Children) Act of 2000 states that the court is empowered to allow a child to be given in adoption to the following persons:

  • A person irrespective of his/her marital status,
  • The parents to adopt a child of the same sex irrespective of the number of existing biological sons or daughters, and
  • Childless couples.

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