What is Adoption of a Child?
Date : 15 Apr, 2021
Post By Bhupender Tanwar
When a person assumes parenting usually of a child from the child's biological or legal parents that process is called adoption. Thus this involves a set of social, legal, and emotional processes. Adoption through legal process transfers all rights and responsibilities from biological parents. In adoption, a child will not be raised by its parents and will be raised by another family and become a member of such family. Even after adoption, the child may maintain a genetic and psychological connection with the birth family. Adoption unlike guardianship is a permanent change in the child's status and demands social and legal recognition. A child when adopted enjoys all social and legal benefits of a biological child also there is no difference between the rights of adopted parents and biological parents. Historically societies have enacted laws regarding adoption. In India, the practice of adoption exists historically, though there are differences regarding the objectives the act is the same. In ancient India adoption is considered a sacramental act, most of the civilized nations considered adoption as a sacrament. Consult the best lawyer online Adoption can be made legally or illegally. As society advances, effective legislation was necessary to ensure state control and to secure the rights of parties to the adoption, especially of adopted children. In India, only legal adoption is recognized as a legal bond between the parties adopting the child. Usually, the personal laws of parties govern the process of adoption. The law relating to the adoption of Hindus is governed by the Hindu Adoption & Maintenance Act, 1956. In the case of Muslims, Christians, Jews, and Parsis their personal laws do not permit adoption. So adoption other than under personal laws is made under the Guardianship and Wards Act, 1890.
All these limitations and restrictions were changed after the enactment of the Hindu Adoptions and Maintenance Act of 1956. The act made adoption a secular institution, which was earlier considered a religious and sacrament act. The act lays down the principles of equality and gender justice. It removes gender discrimination. The Act lays down the provisions of a valid adoption which are enumerated in sections 6 to 11. Section 6 lays down the requisites of a valid adoption, are; The adopting person should be capable and should possess the right. The parties to the adoption must have the capacity for adoption. The person adopted should be capable of adoption. Other conditions of the act should be satisfied for adoption. The provisions of Section 7 and Section 8 prescribes the capacity of a male and female Hindu to take in adoption- In the case of a Hindu male, any male Hindu (including Buddhist, Jain or Sikh by religion) who is of sound mind, not a minor and is eligible to adopt a son or a daughter”. During adoption, if he has a living spouse at a time of adoption consent of his wife is necessary for the adoption ( otherwise she is not capable of giving her consent as decided by the court). In the case of a female Hindu (including Buddhist, Jaina, or Sikh by religion) who is not married, or if married, whose husband is not alive or on the dissolution of marriage or when the husband been declared incompetent adoption can be made. If adoption is made without the wife's consent it is void. In the case of taking consent if the wife’s consent who is living with the husband is taken and the wife who is separately living is not considered for taking consent, the adoption is equally void. This enables an unmarried Hindu woman to adopt herself in her own right as distinct from the old Hindu law. Similarly. Effects of adoption: Section 12 deals with the effects of adoption, Hindu law states that a child is adopted when it is transplanted from a natural-born family to a new family. The only connection he has with his natural family is that he is prohibited from marrying anyone from the natural family whom he could not before adoption. According to section 12, the child is entitled to the property which was vested in him before adoption and continues to vest upon certain obligations. An adopted son can on the hope that that property is vested prior to adoption can divest a person. He considers the adopted son as the adopter's son for all purposes. He holds a position the same as a natural son. In the adopted family he enjoys all privileges. The inheritance is equal to that of the natural son and adopted son. How to adopt a child? The nodal agency for the administration and supervision of national and international adoption is the Central Adoption Resource Authority (CARA) which is an agency under the Ministry of Women and child care. The following are the stages to adopt a child Registration: A registration is made by the adopting parents to an authorized agency which will procedures and legal formalities they also assist you in the paperwork and preparations necessary for registration. Home study and Counselling: A home study of the adopting parents will be done by a social worker by visiting home. Counseling will be done by the agency to enable them to understand the adoptive parents. Referral of the child: When there is a child ready for adoption the interested couples will be adumbrated by the agency. They will provide medical reports, physical examination reports with them after they are comfortable with the details and some time will be allowed for them to spend with the child. Acceptance of the child: If the parents are comfortable with the child documents relating to acceptance need to be signed by them. Filing of Petition: The documents will be presented to a lawyer to prepare a petition for presenting to the court. When the petition is completed the adopting parents should before the court sign the petition. Pre-adoption foster care: The next step after the signing of the petition is that for understanding the habits of the child is taken it to a foster care center by the adoptive parents. Court hearing: During the court hearing along with the child, the parents should attend the hearing held in a closed where the judge clarifies some points and mentions the amount needed to be invested in the child's name. Court Order: If the investment is made in his presence the judge passed the adoption orders. Follow up: After completing adoption a report on the well-being of the child needs to be submitted to the court by the agency for 1-2 years. Get in touch with the best family lawyer Guardians and Wards Act, 1890: The Guardian Wards Act, 1890 enabled persons other than Hindus to adopt. It is not a personal law of any particular religion it applies to every person who is willing to adopt a child. The law regulates adoption by Muslims, Christians, Parsis, and Jews as their personal law does not allow adoption. The act applies to all children irrespective of their race or creed.
