Adoption
MohammedRaffiq Bijapur
(Querist) 29 April 2012
This query is : Resolved
Can a child whose age is just 6 months, whose father is not known, be given in adopt by his mother alone.
Devajyoti Barman
(Expert) 29 April 2012
Under section 9(3) of the Hindu Adoption and Maintenance Act, the wife on death of her husband can give in adoption of a child.
ajay sethi
(Expert) 29 April 2012
boirth certificate must be mentioning name of father? does it mention unknown ?
MohammedRaffiq Bijapur
(Querist) 29 April 2012
Barman Sir I will be more specific
the child is illegitimate, then what would be the scenario.
V R SHROFF
(Expert) 29 April 2012
mother is a legal guardian of her illegitimate child and can give in adoption.
Raj Kumar Makkad
(Expert) 29 April 2012
If mother can face the social 'insult' of being mother of an illegitimate child and she further is ready to get this fact mentioned in the registered Adoption Deed that she is mother of an illegitimate child and that she do not know about the actual father of the child then she is fully capable to provide her child in adoption otherwise best course is to handover such child in Child welfare Home wherein desirous parents are already in Q to adopt such children. The biological mother shall have no role to play in that adoption.
SAINATH DEVALLA
(Expert) 29 April 2012
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex.
SECTION 9
Persons capable of giving in adoption
(1) No person except the father or mother the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provision of 1[sub-section (3) and sub-section (4)], the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu has been declared by a court of competent jurisdiction to be of unsound mind.
(3) 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[(4) 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 not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.]
(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.
Explanation: For the purposes of this section-
(i) the expression "father" and "mother" do not include an adoptive father and an adoptive mother; 2[***]
3[(ia) "guardian" means a person having the care of the person of a child or of both his person and property and includes-
(a) a guardian appointed by the will of the child's father or mother; and
(b) a guardian appointed or declared by a court: and]
(ii) "court" means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides.
SAINATH DEVALLA
(Expert) 29 April 2012
Dear Rafiq,
Is the mother a Hindu or a Muslim.If a muslim, adoption rules are different as per Muslim or Islamic law.
prabhakar singh
(Expert) 29 April 2012
only Hindus have system of adoption recognized by legislation as pointed out by Mr.DEVALLA.
Others would be treated only guardians not parents.
SAINATH DEVALLA
(Expert) 30 April 2012
Though not really prevelant in India,according to history adoptions were being entertained in Muslims also in the past.But there is no specific law to support it in Islam.
Isaac Gabriel
(Expert) 30 April 2012
So far as christians,custom prevalent has been recognised by the Judiciary as adoption
MohammedRaffiq Bijapur
(Querist) 30 April 2012
Thank U all experts for enriching my knowledge. Spl thanks to RajKumar Makkad Sir.
Shonee Kapoor
(Expert) 01 May 2012
Yes, it can be given for adoption.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
