What is Adoption under Hindu's
Adoption
•
Both
male and female can adopt
•
Major
•
Sound
mind
•
Marital
status:- they can be either unmarried, divorced, widowed or married (consent of
the other spouse must be obtained)
Who can be
adopted?
•
Father
and Mother – yes
•
Other
Person – No
•
Exceptions:-
When a child can be given in adoption by another person
•
When
the parentage of the child is not known
•
Where
parents dead
•
Where
parents have renounced the world
•
Where
parents unsound
•
Where
parents have abandoned the child
• In these cases, the permission of the court has to be taken before granting
permission, the court will consider two factors-
•
a) Adoption not for money
•
b) welfare of the child
Some other
condition for adoption
Limit on
adoption:-
•
a person cannot adopt a son if he/she already has a son, son’s son or son’s son’s
son.
•
a person cannot adopt a daughter if he/she already has a daughter or son’s,
daughter.
Age-gap:-
•
No
minimum age gap in the case of the adoption of a child of the same sex.
• the minimum age gap of 21 years in case of adoption of a child of the opposite sex.
Effects of
adoption
Adoption
once made is final and conclusive
a) The adoptive parents cannot cancel
the adoption
b) The adoption child cannot renounce
the adoption and go back his/her family of Birth.
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