LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rani (home maker)     19 March 2013

Adoption of a relative

We'd like to adopt my niece's child out of our affection.  We do not have children. We're Hindus. If we adopt the child by a religious ceremony, is the adoption legal?  If so, which religious ceremony?
 Thank you for your advice.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 March 2013

The adoption must be real and not symbolic. The child must be actually given and taken in adoption by the respective parties. However, no specific shastric or religious ceremony is necessary for the purpose.

Rani (home maker)     19 March 2013

Yes of course. Our intention is full adoption (the child shall be given and taken as you explained).  What is the procedure one should follow under HAMA?  What is the procedure under JJ Act given that it is an adoption of a relative?  Thanks.

Advocate Sastry (Advocate)     19 March 2013

@Rani,

I give you some information (HAMA) as under which may be useful:

Quote:

WHO CAN BE ADOPTED?

No person can be adopted unless:

  • he or she is a Hindu;
  • he or she has not already been adopted;
  • 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;
  • 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.

OTHER CONDITIONS FOR A VALID ADOPTION ARE FULFILLED

  • 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.
  • 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;
  • If the adoption is made by a male and the person to be adopted is a male, the adoptive father should be at least twenty one years older than the person to be adopted;
  • If the adoption is by a female and the person to be adopted is a male, the adoptive mother should be at least twenty one years older than the person to be adopted;
  • 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 intent to transfer the child from the family of birth.

REGISTRATION

The adoption deed is not required to be registered (except in Uttar Pradesh where it declares or reserves an interest worth Rs. 100 or more for a third person in an immovable property). However authority to adopt is required to be registered under section 17(3), Indian Registration Act.

Unquote...

You may consult your local advocate for further details about adoption.... Regards

1 Like

Rani (home maker)     19 March 2013

Thank you Mr. Shastry. As I understand, there is no upper age limit for the adopting parent under HAMA. Am I right?  So, we first need to register 'authority to adopt' and then write an adoption deed which we may or may not register. If there is anything else needed for the procedure, please post.

Advocate Sastry (Advocate)     19 March 2013

@Rani,

You have correctly understood... There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years. 

In your case this may not be applicable since you intend to adopt your close relative...GOOD LUCK...  Regards
 

1 Like

Rani (home maker)     19 March 2013

What is the difference between 'Authority to adopt' and 'Adoption deed'?  Thank you.

Advocate Sastry (Advocate)     19 March 2013

@Rani,

Authority to adopt is legal capability to adopt.(An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old.) . Adoption deed is the document signed by natural parents and adoptive parents mentioning terns and conditions relating to adoption.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query