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srinivasa rao (advocate)     23 May 2014

Adoption

dear collegue advocates,

please clarify the following about adoption.  one of my clients ie., a hindu widow aged 54 years wanted to take  adoption a  married woman aged 33 years old (who is having children also ) the 54 years aged widow woman has no issues. if she takes takes adoption of 33 years old married  woman does this adoption is valid one. please clarify and quote relavant judgement if any.  reply at the earliest possible. 

thanking you in advance.

srinivasa rao



Learning

 4 Replies

nabeel (law student)     23 May 2014

i think , much legal help is needed in this case. as you want to adopt a adult married women.
for more query you can visit :
https://www.adoptionindia.nic.in/

Tajobsindia (Senior Partner )     23 May 2014

@ Author,

It is not possible to take a married woman with children for adoption by a female widow unless she (the widow in question) is able to remove bar created by S. 3 (e) read with S. 10 (iv) of the Hindu Law (HAMA) assuming this brief is of a Hindu widow woman.

 

{Last take}

Sudhir Kumar, Advocate (Advocate)     24 May 2014

adoptive child has to be below 15 and not married.

ANAMIKA VICHARE (LAWYER)     24 May 2014

10. Persons who may be adopted- No person shall be capable of being taken 
in adoption unless the following conditions are fulfilled, namely- 
(i) he or she is a Hindu; 
(ii) he or she has not already been adopted; 
(iii) 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; 
(iv) 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. 
 
 
 
 
 A child is adopted not major married person
 
A child below 15 yrs of age can be adopted
 
 
In your case, why the lady of 54 yrs wants to adopt a married lady having children, she can adop her child only

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