ASSIGNMENT
FAMILY LAW-I
Single Parent Adoption under Hindu
Adoptions and Maintenance Act,1956
Submitted to, Submitted by,
Mr. Sreyas Vaishnav V S
Guest Faculty 1/3 B
Govt. Law College Kozhikode Roll no. 59
INTRODUCTION
Adoption is the legal process in which a child becomes lawful child of persons other than their biological
parents.
In India, the rules for adoption for Hindus come under Hindu Adoption and Maintenance Act, 1956
(HAMA).This act applies to all Hindus, Buddhists, Jainas or Sikhs by religion; and to any other person who
is not a Muslim, Christian, Parsi or Jew by Religion. The Act is basically the foundation of Adoption in
India, as it lays down rules for the conditions, capacity and legal consequences; ensuring that the adopted
child gets the same rights as the biological child.
One of the significant features of HAMA is that it recognizes the right of single parent
(unmarried/widowed/divorced) to adopt with respect to the conditions said in the Act, and at the same time
the act safeguards relating to the age and gender of the adopting parent and the adoptee child, thus
maintaining balance between social morality and individual rights. Hence it becomes clear that single parent
adoption under HAMA plays a crucial role in expanding family structures while protecting the welfare of
the child.
Requisites of a Valid Adoption (S.6)
In Section.6 of HAMA, we can see about the conditions for a valid adoption;
i. The person adopting has the capacity, and also the right, to take in adoption.
ii. The person giving in adoption has the capacity to do so.
iii. The person adopted is capable of being taken in adoption.
iv. The person is made in compliance with the other conditions mentioned in this chapter.
Capacity of a male Hindu to take in Adoption
(S.7)
In Section.7 of HAMA, It says that any male Hindu who is of sound mind and is not a minor has the
capacity to take a son or daughter in adoption.
Provided that, he has the consent of his wife unless she has completely or finally renounced the world or has
ceased to be a Hindu or declared by court to be of unsound mind.
1
[The object of S.7 is to completely abrogate the customary Hindu law under which male Hindu can foist
the relationship of an adoptive mother upon his wife without her consent or even despite her objections].
Capacity of a female Hindu to take in
adoption.2 (S.8)
In Section.8 of HAMA, the Act says that any female Hindu who is of sound mind and is not a minor has the
capacity to take a son or daughter in an adoption.
Provided that, if she has a husband living; the consent of the husband is mandatory unless he has completely
or finally renounced the world or has ceased to be a Hindu or declared by court to be of unsound mind.
1. Arumugha Udayar v. Valliammal A.I.R 1969 Mad.72.
2. Substituted by Act 30 of 2010, S.3, for S.8 (w.e.f. 31-8-2010)
Who Can Be Adopted (S.10)
According to Section.10 of HAMA, the conditions to be fulfilled for being taken in adoption are;
i. He or she is a Hindu
ii. He or she has not already been adopted
iii. He or she has not been married. (unless there exists a custom which allows to)
iv. He or she has not completed the age of 15 years. (unless there is a custom which allows to)
In the case, Devgonda Raygonda Patil v. Shamgonda Raygonda Patil 3, it was held that; A lunatic is capable
of being taken in adoption.
Conditions for a Valid Adoption (S.11)
The Section.11 of HAMA says the conditions which must be complied in every adoption.
i. 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 whether by legitimate blood relationship or 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 adoption
living at the time of adoption.
iii. If the adoption is made by a male and the person to be adopted is a female, the adoptive father must
be at least 21 years older than the person to be adopted.
iv. If the adoption is made by a female and the person to be adopted is a male, the adoptive mother must
be at least 21 years older than the person to be adopted.
v. The same child may not be adopted simultaneously by two or more persons.
vi. The child to be adopted must be actually given and taken in adoption by the parents or guardians
concerned or under their authority with intend to transfer the child from the family of its birth to the
family of its adoption.
The expression “son” used in S.11 of the Act would refer to only a legitimate son.4
3. A.I.R. 1992 Bom. 189:(1991) 2 Mah.L.J.1470.
4. Charan Singh v. Major Singh (1976) 78 Punj.L.R.367.
Effects of Adoption (S.12)
The Adopted child shall be deemed to be the natural child of the adopted family from the date of adoption,
the ties to the biological family from the child’s date of birth shall be cut from the date of adoption.
Provided that, after adoption the child cannot marry within family of birth where marriage would have been
prohibited, property already vested in the child before adoption shall remain vested subject to obligations
and the adoption shall no divest any person of a property already vested in them before the adoption.
The inheritance rights shall also be equally applicable to single parent’s adopted child.
Conclusion
The Hindu Adoption and Maintenance Act, 1956 accounts for adoption by both couples and single parents.
Sections 6-12 ensure capacity, conditions and effects; granting the child full rights as a natural child.
Hence HAMA strengthens family bonds while protecting child welfare.