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Ajay (Lawyer)     12 December 2013

Which law of adoption will apply to special marriage act

Which law of adoption will apply to couples married under the Special Marriage act ?

What if the husband is a christian and the wife is a hindu ?


 3 Replies

Adv. Chandrasekhar (Advocate)     12 December 2013

If the couple married under SMA are taking the adoption the personal law of the natural parents will be applicable.  If they are giving their offspring into adotion, the personal law under which the child was brought up would be the religion of the child and that would be applicable in giving adoption.  The provisions in the adoption deed, which required to be registered, is secular in nature.  Further, you can refer the adoption rules formulated for the adoption centres created by the Govt. of India, for further clarity.


T. Kalaiselvan, Advocate (Advocate)     12 December 2013

Well advised by Adv. Mr. Chandrasekar, nothing more to add.

Sheetal   19 July 2017

Sir, could you tell me which section I could find this provision in the Bare acts of The special marriage act? I need concrete evidence of this provision for my moot court competition.

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