- 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;
- Two or more parents may not adopt the same child simultaneously; the child to be adopted must be actually given and taken in adoption with intent to transfer the child from the family of birth.
CEREMONIES RELATING TO ADOPTION
The ceremonies relating to adoption are
- The physical act of giving and receiving, with the intent to transfer the person being adopted from one family into another.
- The Datta Homan, that is, oblations of clarified butter to the fire and
- Other minor ceremonies, such as putresti jag (sacrifice for male issue)
The physical act of giving and receiving is essential to the validity of an adoption
Datta homan and other ceremonies are not necessary as to the validity of an adoption.
EFFECT OF ADOPTION
- An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption.
However any property, which vested in, the adopted child shall continue to vest in such person subject to the obligations if any attached to the ownership of such property including the obligation to maintain relatives in the family of his or her birth.
- Similarly the adopted child shall not divest a person of any estate, which vested in him or her before adoption.
- Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivo or will.
The personal laws of Muslims, Christian, Parsis and Jews in India do not contain any provision of adoption. However these persons can adopt the children from orphanage by obtaining permission from the court under the Guardians and Wards Act.
SON BORN AFTER ADOPTION
Where a son is born after adoption to the adoptive father,
(a) The adopted son does not, on a partition between him and the after-born natural son, share equally with him, as he would have if he were a natural son, but he takes-
- In Bengal, one third of the adoptive father's estate;
- In Benaras, one fourth of the estate and
- In Bombay and madras states, one fifth of the estate and
(b) If the estate is impartible, the natural son alone succeeds to it.
The adoption deed is not to be registered (except in Uttar Pradesh).
Except 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 to be registered under section 17(3), Indian Registration Act.
ADOPTION AMONG MUSLIMS
Adoption is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents.
Islam does not recognise adoption. In Mohammed Allahdad Khan v. Mohammad Ismail it was held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System.
Acknowledgement of paternity under Muslim Law is the nearest approach to adoption. The material difference between the two can be stated that in adoption, the adoptee is the known son of another person, while one of the essentials of acknowledgement is that the acknowledge must not be known son of another.
However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
ADOPTION AMONG CHISTIANS, PARSIS & JEWS
The personal laws of these communities also do not recognize adoption and here too an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.