Can a couple with own offspring, adopt a child

Service

Hello

My wife and I ( aged 43 & 38) are very keen on adopting a girl child. We have our own daughter aged 12 years. I would like to know whether, by Indian laws, we are eligible to adopt a child, even while having a biological son or daugher.

If then,  I would like to know under which Law, shall this adoption be carried out.

An out of context question: I would be grateful if anyone can give information on which  authorized agencies/institutions can we approach for adoption.  We are residing in Kolkata

 
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advocate

if you are Indian citizens who are Hindus, Jains, Sikhs, or Buddhists then you are governed by the Hindu Adoption and Maintenance Act of 1956.the relevant provisions of this act for you are enumerated as under:-



7       Capacity of a male Hindu to take in adoption


Any male Hindu who is sound mind and is not a minor has the capacity to take a son or a daughter in adoption:


PROVIDED that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife 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.


Explanation: If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of the them is unnecessary for any of the reasons specified in the preceding proviso.


 


 


11      Other conditions for a valid adoption


In every adoption, the following conditions must be complied with:


(i)        if the adoption is of a son, the adoptive father or mother by whom adoption is made must not have a Hindu son,  son's son or son's son's son  (whether by legitimate blood relationship or by  adoption) living at the time of adoption;


(ii)       if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption)living at the time of adoption;


(iii)       if the adoption is by a male and  the person to be adopted is a female, the adoptive father is at least twenty one years older than the person to be adopted;


(iv)      if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty -one years older than the person to be adopted;


(v)       the same child may not be adopted simultaneously by two  or more person;


(vi)      the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth  1[or in case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption:


PROVIDED that the performance of datta homam shall not be essential to the validity of adoption.


so if you are a hindu you can formally adopt a male child as you do not have a biological male child but can not adopt a female child.


 



Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence.
 
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Advocate

 


As per section 5 and 11 of the Hindu adoption and maintenance Act, 1956, a hindu can adopt a child if the conditions specified is observed.

 conditions for a valid adoption are fulfilled

a. if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son living at the time of adoption

b. if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;

c. if the adoption is by a male and the person to be adopted is a male, the adoptive father is at least twenty one years older than the person to be adopted;

d. if the adoption is by a female and the person to be adopted is a male, the adoptive mother s at least twenty one years older than the person to be adopted;

e. the same child may not be adopted simultaneously by two or more parents; the child to be adopted must be actually given and taken in adoption with an intent to transfer the child from the family of birth.

If you are not a hindu you have to follow the Guardians and wards act of 1890.
 
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Service

Thanks for the information. Yes both my wife and I are Hindus. That would mean as I have a biological girl child, I can adopt only a son.


I would request if anyone can give me some information on authorised organisations from where we can adopt


Thks

 
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Advocate

You may contact local CHILDLINE or CHILD WELFARE COMMITTEE for adopting a child.

 
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"Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence."



Ritu Bhadana posted the previous information.  I agree with the statement except for the part regarding NRIs.

Are you sure that NRIs cannot adopt per HAMA?  I believe if they are Hindu then they can. 

If I am mistaken then could you let me know where it is posted in the laws that NRIs cannot adopt per HAMA.

 
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Service

But is there no other way (legal of course) by which I can adopt a girl child, even with having a biological daughter?


I fail to understand the logic behind the tenets of this law. Leaving aside personal choices with regard to whom to adopt - a girl child or a boy - at the present time when our government professes upliftiment of women in our society, protection and nurturing of the girl child, this law actually prohibits a citizen from doing the same. This is unfortunate and a big dampener.


 

 
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Advocate

Sec 11(ii) of Hindu Adoption Act will prevent you from adopting another daughter because you already have a biological daughter, your intention is noble and I am sorry that law is standing in between you. But I have a suggestion and would like other members to comment on it or correct me, I think you can bring home that daughter under foster care agreement but she will not get the full rights of a daughter. You will have to discuss it with your family and decide on it.

 
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Advocate

Dear SNL, I truly appreciate your noble thoughts and concern for the girl child.

 
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Advocate

Dear SNL, I truly appreciate your noble thoughts and concern for the girl child, but it is the words of the statue that is Supreme and being a Hindu, you can not escape from the law. But yes, the Legistlature needs to look afreash in the said statue.

 
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