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Pradeep vaishnav   16 July 2021

Adoption

Hi Namaste
I am 35 years old. I am from Rajasthan. Someone is willing to adopt me. Is it possible now? Is there any age limit for the ones who are getting adopted? Kindly telll in detail.
Thanks


Learning

 4 Replies

BHAVYA SOM GARG   16 July 2021

According to the situation enumerated by you, I wish to draw your attention to the fact that Adoption in India among the Hindus is mainly regulated by the Hindu Adoption and Maintenance Act, 1956. Section 10 of the Act lays down conditions regarding who can be adopted. It says that only a Hindu child who has not completed the age of 15 years can be adopted. Even in other laws, age of the adoptee is generally less than 18 years, meaning that in all cases, only a minor can be adopted. So as per the query, a person of 35 years cannot be taken in adoption. The act also lays down an exception which states that if the custom of the community of the child being taken into adoption and also the ones who are adopting permits the adoption of a child more than 15 years of age, it can be allowed. So if the customs of both the parties allow such adoption, in that case, a person of 35 years can be adopted.

I guess your query must be satisfied by now.

1 Like

Basant Khyati   16 July 2021

 

Hello,

In India, only children under the age of 18 can be officially adopted (15 years if the Hindu Adoption Act applies). There are other eligibility requirements for potential adoptive parents.

In India, a 21-year-old is considered an adult. He or she has the option of living with anybody he or she wants. As a result, the issue of adoption isn't even raised in this situation.

Medically and financially, an adoptive parent should be able to care for a child. A person must be at least 21 years old to adopt a child. Although there is no legal upper age limit for parents, most adoption agencies set their own age limits. The adoptive parents can have a total age of 90 years for a child under the age of a year. In addition, neither parent must be over the age of 45.

The age of the parents may be relaxed in the case of the adoption of older children. For instance, the age limit for a one-year-old child is 46 years, for a two-year-old child it is 47 years, and so on. An adopted child's upper age limit is 12 years, while an adoptive parent's upper age limit is 55 years. The age limit may be slightly modified by the state government in the event of an adopted kid with special needs, based on the case's evaluation. The parent's age cannot, however, exceed 55 years in any situation.

For more details please consult a legal professional. 

Regards, 

Khyati Basant

Advocate Bhartesh goyal (advocate)     17 July 2021

A person ( male or female ) more than age of 15 years can't be legally adopted.If adopted ,such adoption will be illegal and invalid in eye of law.

Dr J C Vashista (Advocate)     17 July 2021

I agree with experts, it is only below 15 years minor Hindu can be adopted, which you are not eligible for adoption.


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