TITLE

Requisites of a Valid Adoption

SUBJECT
Family Law 1- Hindu Law

SUBMITTED BY: AISHWARYA S V STUDENT SIGNATURE

SUBMITTED TO: MS. SUJATA NEWTON

CLASS: 3rd YEAR BCOM LLB- SECTION A FACULTY SIGNATURE

REGISTRATION NUMBER: 42321441009

 REQUISITES OF A VALID ADOPTION

Table of Content:

1. Introduction
2. Background on HAM Act, 1956
3. Research Methodology
4. Meaning of Adoption
5. Impact of Adoption
6. Section 6
7. Restrictive Conditions for Adoption (S. 11)
8. Is it possible to refuse Adoption?
9. A Comparative Analysis of the HAM Act, 1956, and the JJ (Care and Protection of
Children) Act, 2015
10. Comparative Analysis: Intercountry Adoption Laws and HAM Act,1956
11. Conclusion
12. Bibliography
Introduction:

The institution of adoption, a practice deeply rooted in societal and familial structures, plays a
pivotal role in shaping the dynamics of family life. Within the Hindu community in India,
The Hindu Adoption and Maintenance Act, 1956 (herein after, referred to as The Act) stands
as the primary legislative framework governing the process of adoption. This piece of
legislation not only delineates the legal requisites for a valid adoption but also reflects the
cultural and ethical considerations inherent in the adoption practice within the Hindu society.

As it continues to guide and regulate adoptions, it becomes imperative to scrutinize its

provisions, amendments, and implications. This research embarks on a comprehensive
exploration of the requisites of a valid adoption under this landmark legislation. Focusing on
legal, cultural, and ethical dimensions, the study aims to shed light on the intricacies and
challenges faced by individuals and families navigating the adoption process within the
Hindu community.

Background

The Act was initiated to codify and modify the laws relating to adoptions among Hindus. Its
inception marked a significant departure from traditional practices, providing a structured
legal framework for adoptive parents, birth parents, and the adopted child. Over the years,
amendments have been introduced to address evolving societal norms and challenges,
shaping the landscape of Hindu adoptions.

Research Methodology: Descriptive Approach

This study adopts a descriptive research methodology to systematically examine the

requisites of a valid adoption under the Act. Legal documents, including the Act and pertinent
amendments, will be subjected to content analysis to categorize and describe key legal
provisions. Additionally, selected case studies will undergo thematic analysis to elucidate
cultural influences and ethical considerations within adoption practices. This approach aims
to provide a detailed account of the legal, cultural, and ethical dimensions, offering a nuanced
understanding of the adoption process and facilitating comprehensive insights into the Hindu
Adoption Act's application. This study is based on secondary sources such as government
reports and periodicals, books on the subject, research papers, and articles. In-depth legal
study has also included examination of Supreme Court and High Court cases and judgements,
as well as material from constitutional articles and Acts.
Meaning of Adoption

The term adoption comes from the old French verb Adoptare, which means "to choose for
oneself." Adoption is the legal process of placing a child with a non-biological parent. It is a
process that establishes a parent-child relationship between individuals who are not
biologically related. In this procedure, the adopted child is considered to be born into the new
family, with all associated rights, responsibilities, and status exclusively within that family,
while the ties with the original family are severed.1

Adopting a child involves the transfer of familial rights, duties, and prestige from the natural
parents to the adoptive family. The adopted child gains a new set of rights and obligations
within the adoptive family, and the connection with the biological family is terminated. This
concept differs significantly from earlier notions of adoption.2

For instance, ancient texts, such as those by Manu, suggested that an adopted son should not
assume the family name and estate of his biological father. However, modern legal
perspectives, as outlined in the Hindu Adoption and Maintenance Act of 1956, present a shift
in adoption principles. According to this law, an adopted child is granted the same rights and
responsibilities as a natural child within the adoptive family. The adoption process replaces
the child's association with the birth family entirely, and all rights and privileges from the
original family are forfeited upon adoption. On the day of adoption, the child is considered to
have been born into the adoptive family, and the adoptive parents are treated as the biological
parents.3

Importantly, once a valid adoption is completed, it cannot be annulled by the adoptive parents
or any other party. Likewise, the adopted child is unable to renounce their adopted status and
return to the natural family. Certain people can adopt a child, while others cannot. A kid can
be adopted by either a man or a female, but there must be an age difference between the child
and the adoptive father or mother. If a male makes the adoption and the adoptee is a girl, the
adoptive parent must be at least twenty-one years older than the adoptee.4 Furthermore, if the
1
AmishaTiwari, Pre-Requisites And Effects Of Adoption Under The Hindu Adoptions And Maintenance
Act,1956, theamikusqriae, https://theamikusqriae.com/pre-requisites-and-effects-of-adoption-under-the-hindu-
adoptions-and-maintenance-act1956/
2
ibid
3
Deepak kumar verma, Hindu adoption laws and interpretation by different High Court, National Judicial
Academy, Bhopal, (June, 04, 2019, 11:45am), http://www.nja.nic.in/
2

4
ibid
adoption is completed by a woman and the adoptee is a man, the adoptive mother must be at
least twenty-one years older than the adoptee. Another important aspect of adoption to know
is that the same kid cannot be adopted by two or more persons at the same time.

The impact of adoption:

Upon adoption, a child becomes legally recognized as the offspring of the adoptive parents,
effective from the date of adoption. At this point, all familial ties in the child's birth family
are considered severed and replaced by the newly formed bonds within the adoptive family.

However, certain conditions must be acknowledged:

1. The adopted child is restricted from marrying any person whom they would have been
prohibited from marrying if they had remained in their birth family.

2. Any property that the adopted child owned before adoption continues to be owned by
them, subject to any existing obligations associated with that property, including the
responsibility to support relatives in the birth family.

3. The adopted child cannot strip any individual of their legal rights to an estate that was
vested in them prior to the adoption.

Significantly, under this act, both sons and daughters are obligated to support aging or infirm
parents, marking a departure from previous norms where only sons were legally bound to
fulfil this responsibility.5

Section 6 of The Act

Section 6 of the Act states that no adoption will be valid unless

(a) the person adopting has the capacity, and the right, to take in adoption;

(b) the person giving in adoption has the capacity to do so; and

(c) the person adopted is capable of being taken in adoption. 6

In order to determine the legal requirements for a legitimate adoption within the Hindu
community, this section is essential.

5
RK Agrawal, Hindu law,176, (central law agency,25th ed. 2016)
6
Simranjeet, Never Reported Judgment | Hindu law only requires giving and taking of child with intent to
adopt; no separate declaration required: SC [1951 SCC 1050], SCC ONLINE BLOG (July 8, 2023),
https://www.scconline.com/blog/post/2023/07/08/no-separate-declaration-is-required-for-adoption-under-hindu-
law-sc-legal-news/.
Clause (a) stipulates that the adopting party must be able to adopt as well as have the legal
right to adopt. This requires that the adoptive parent fulfil the requirements for a legally
recognized adoption by adhering to the legislative qualifications and restrictions listed in the
Act.

Clause (b) imposes an additional obligation on the individual orchestrating the adoption,
mandating that they must be of the legal age to undertake such arrangements. This stipulation
ensures the lawful transfer of parental rights and responsibilities from the biological parents
to the adoptive parents, with the primary goal of promoting the well-being and best interests
of the child.

Along with that, Section 6 clause (c) highlights that the kid designated for adoption must
fulfil legal requirements in order to be adopted. This demonstrates a commitment to
protecting the rights and welfare of the child, encompassing considerations related to age,
consent, and eligibility. Section 6 serves as a safeguard, ensuring that the adoption process
complies with legal requirements and puts the best interests of all parties—adopting parents,
biological parents, and the child—first by implementing these strict criteria. All things
considered, this part is essential in creating a thorough and legally solid structure that the
Hindu community may adopt. Where any of the requirements as laid down under s.6 are not
strictly observed, that non-observance of the requisite or requisites is enough to convert the
adoption as invalid one.7 Section 6 of The Act, is of paramount importance as it delineates the
indispensable requisites for a valid adoption within the Hindu community. Serving as the
legal cornerstone, it provides adoptive parents, biological parents, and the adopted child with
a secure and well-defined framework, offering legal certainty to all involved parties. 8

Subsection (a) of Section 6 accentuates the imperative for the adopting party to possess both
the capacity and legal right to adopt. This insistence on eligibility ensures the adoption
process's validity and adherence to legal norms, safeguarding against potential complications
and disputes.

Similarly, Subsection (b) extends a parallel obligation to the party giving a child in adoption,
mandating a legal capacity to do so. This provision acts as a protective measure, averting
potential disagreements and ensuring that the transfer of parental rights is executed by a
legally competent individual.

7
Dhanraj v Suraj Bai 1972 Raj LW 612.
8
ibid
Crucially, Subsection (c) underscores the significance of the adopted person being capable of
adoption, encompassing factors such as age, consent, and eligibility. This factor places a
primary emphasis on the child's well-being and best interests, aligning with the overarching
goals of the adoption procedure.

The guidance provided by Section 6 is not only pivotal for the adoptive parents, biological
parents, and the child but also serves as a compass for adoption agencies, legal professionals,
and the judiciary involved in processing adoption cases within the Hindu community. Its
clarity and specificity facilitate a standardized and lawful adoption process. Beyond its legal
implications, Section 6 resonates with the social and cultural norms of the Hindu community.
By addressing issues of capacity, rights, and the child's welfare, it seamlessly integrates with
the cultural expectations surrounding adoption, reinforcing its significance within the societal
fabric.

Most importantly, Section 6 acts as a bulwark against potential invalid adoptions. By clearly
outlining the prerequisites for a valid adoption, it acts as a preventative measure, averting
legal disputes and challenges that may arise from non-compliance with these stipulated rules.
In essence, Section 6 emerges as a cornerstone, ensuring the legal sanctity, welfare, and
cultural consonance of adoptions within the Hindu community.

Restrictive Conditions for Adoption (Section 11)

Section 11 of The Act, stands as a critical legal provision, outlining restrictive conditions
governing the intricate process of adoption within the Hindu community. This section
encompasses various facets, including the adoption of sons and daughters, age disparities
between adopters and adoptees, simultaneous adoptions, and the ceremonies integral to the
adoption process. Understanding these conditions, as well as relevant case laws, is essential
for prospective adoptive parents, legal practitioners, and the judiciary to ensure a nuanced
and legally compliant adoption framework.9

Adoption of a son:

Section 11 imposes limitations on the adoption of a son, specifying that the adoptive parent,
whether father or mother, should not have a living Hindu son, grandson, or great-grandson
9
Hemant More, Restrictive Conditions for Adoption (S. 11), The Fact Factor (Sept 30, 2019),
https://thefactfactor.com/facts/law/civil_law/family_laws/hindu-laws/restrictive-conditions-for-adoption/3721/.
during the adoption process. This restriction applies to both biological and adopted sons. The
main aim is to avoid potential disputes in inheritance and ensure a fair allocation of family
assets among male descendants.10

The prohibition on adopting a second son or daughter was contested in the Sandhya Supriya
Kulkarni v. Union of India,11. The Bombay High Court concluded that personal laws are not
covered by Part-III of the Constitution and so no indulgence could be granted. However, the
court noted that the Parliament could reconsider the issue of easing the requirement.

The Act recognizes the changing dynamics of family ties by permitting the adoption of a son
even when there is an illegitimate son. Nevertheless, a restriction is in place if there is a son
resulting from a marriage deemed void or voidable under either Section 11 or Section 12 of
the Hindu Marriage Act, 1955. This emphasizes the legal intricacies surrounding adoption in
the context of marital legitimacy.12

In Srinivasan v. John Bentic13, the court emphasized the need for strict proof in adoption
cases, particularly when the adoption changes the natural line of succession. The burden of
proof rests on the party alleging adoption, and challenging adoption after a long period places
a heavy burden on the challenger.14

Adoption of a daughter:

Similarly, Section 11 imposes restrictions on adopting a daughter, asserting that the adoptive
father or mother must not have a Hindu daughter or son’s daughter living at the time of
adoption. This condition is applicable regardless of whether the relationship is through
legitimate blood ties or adoption. Exceptions are made if the daughter or son’s daughter has
ceased to be Hindu. The provision aims to preserve a balanced family structure and mitigate
potential complexities arising from multiple female heirs.15

10
ibid
11
ibid Kulkarni v. Union of India, AIR 1998 Bombay 228 case.
12
ibid
13
ibid Srinivasan v. John Bentic (AIR 1989 Mad. 334).
14
ibid
15
ibid
In Urmila Devi v. Hemanta Kumar, the court held that since no giving and taking ceremony
could be established, adoption was not proved. This case underscores the importance of
adhering to the prescribed ceremonies for a valid adoption.16

Age Difference Between Adopter and Adoptee:

In cases where the adopter and adoptee are of different sexes, the Act mandates an age
difference of at least 21 years. This condition seeks to deter any potential exploitation and
ensure a more parent-child-like relationship between the adopter and the adopted child. The
provision reflects a keen understanding of age dynamics and their impact on fostering a
healthy family environment.17

In Lakshman Singh v. Rup Karmar, the Supreme Court observed that although no particular
form is prescribed for the ceremony, giving and taking is an indispensable part of the
adoption ceremony. Strict proof of ceremonies need not be demanded for older adoptions.18

Simultaneous Adoption:

Section 11 expressly forbids the concurrent adoption of the same child by two or more
individuals, except in situations involving a married couple. This provision aims to avoid
conflicts and ensures clarity in adoption proceedings. The exception for married couples
acknowledges the collaborative decision-making inherent in spousal relationships, providing
legal recognition to such joint adoptions.19

Ceremonies of Adoption:

Section 11 checks into the rituals required for a legitimate adoption, in addition to the familial
relationships. The Act mandates the physical exchange of the child between the relevant
parents or guardians, emphasizing the intention to move the child from its original family or
upbringing location to the adoptive family. The Act allows delegation of the ceremony's
performance, but it requires that the parties who are legally allowed to grant or accept
adoption do so.20

16
Ibid, Urmila Devi v. Hemanta Kumar (AIR 1993 Ori. 213).
17
ibid
18
ibid, Lakshman Singh v. Rup Karmar (AIR 1961 SC 1378).
19
ibid
20
ibid
The court concluded in Sita Bai v. Ram Chandra that giving and taking a kid physically alone
is insufficient for a legal adoption unless it is done with the aim of giving and taking the child
for adoption.21

Burden of Proof:

In legal challenges to adoption, Section 11 places the burden of proof on the party alleging
adoption. This means that the person asserting the validity of the adoption must provide
sufficient evidence to substantiate the claim. On the contrary, the party challenging the
adoption must demonstrate that the necessary ceremonies did not take place. This places a
heavy burden on those seeking to disprove an adoption, underscoring the gravity of altering
the natural line of succession through adoption.

In P.R. Sudershan Reddy v. P.R. Shashi Rekhanna, the court held that the burden of proof that
the ceremony of giving and taking took place is on the person who alleges adoption. Those
who challenge adoption must demonstrate that the required rituals were not performed.22
Understanding and adhering to these restrictive conditions, along with insights from relevant
case laws, is paramount for navigating the complexities of adoption within the Hindu
community. As adoption laws continue to evolve and adapt to societal changes, a nuanced
comprehension of Section 11 ensures that adoption processes align with legal stipulations,
fostering fairness, and clarity within the familial and legal contexts.

Here's an example to illustrate how Section 11 of the Hindu Adoption and Maintenance Act,
1956, applies:

Scenario:

Meera and Anil, a Hindu couple, have been married for ten years but do not have any
biological or adopted children. They are considering adopting a daughter named Priya.

Application of Section 11:

1. Clause 1 (Prevention of Inheritance Conflicts):

21
ibid, Sita Bai v. Ram Chandra (AIR 1970 SC 343).
22
ibid, P.R. Sudershan Reddy v. P.R. Shashi Rekhanna (AIR 1996 AP 300).
Meera and Anil do not have a biological or adopted daughter, so they meet the requirement of
Clause 1 for adopting a daughter.

2. Clause 2 (Maintaining Family Structure):

Since they are adopting a daughter, the condition in Clause 2 regarding the adoption of a son
does not apply.

3. Clause 3 (Addressing Age Dynamics):

Meera is 32 years old, and Priya is 8, satisfying the age difference requirement of Clause 3.
Meera is more than twenty-one years older than Priya.

4. Clause 4 (Preventing Simultaneous Adoptions):

Clause 4 does not apply as the adoptive parent (Meera) and the child (Priya) are both females.

5. Clause 5 (Ensuring Adherence to Ceremonies):

Priya is not being simultaneously adopted by anyone else, so the condition in Clause 5 is met.

6. Clause 6 (Ceremonies of Adoption)

Meera and Anil intend to formally adopt Priya, and they perform the necessary ceremonies,
ensuring the physical giving and taking of the child. They are informed that the performance
of a specific ritual is not required, as per the proviso to Section 11.
In conclusion, Meera and Anil can legally adopt Priya under The Act. All the conditions
specified in Section 11 are satisfied, ensuring a comprehensive and lawful adoption process
within the Hindu legal framework. This example showcases how Section 11 addresses
various aspects of adoption to safeguard the interests of all parties involved.

IS IT POSSIBLE TO REFUSE THE ADOPTION?

Section 15 of the law states unequivocally that neither the parent nor the kid has the right to
decline adoption and return to his or her biological family. Adoption cannot be abolished if a
person desires to adopt and the procedure is followed correctly. You cannot return once you
have been properly adopted. That is the right thing to do, and it should be the end of it.
Prohibition of payments.23
A Comparative Analysis of The Act and the Juvenile Justice (Care and Protection of
Children) Act, 2015

In the realm of adoption laws in India, two prominent legislations, The Act, and the JJ (Care
and Protection of Children) Act, 2015, stand as distinct legal frameworks governing the
adoption process. These acts not only cater to different religious communities but also
embody varying ideologies and requisites for a valid adoption.24

The HAM Act, 1956:

HAMA, primarily applicable to the Hindu community, lays down specific requisites for a
valid adoption within this religious group. Section 11 of HAMA focuses on preventing
inheritance conflicts, maintaining family structures, addressing age dynamics, preventing
simultaneous adoptions, ensuring adherence to ceremonies, and placing the burden of proof
in legal challenges. It follows a religiously specific approach, emphasizing traditional family
values and safeguarding familial lineage through careful stipulations.25

The JJ (Care and Protection of Children) Act, 2015:

In contrast, the Juvenile Justice Act is a secular legislation designed to cater to the diverse
religious landscape of India. It diverges significantly from HAMA in its requisites for a valid
adoption. The Juvenile Justice Act maintains a neutral position regarding religion and
prioritizes the utmost significance of the child's best interests. Unlike HAMA, it makes a
clear distinction between adoption and guardianship, accommodating the varied needs of
children under its purview.26

One noteworthy distinction lies in the approach to in-country and inter-country adoption. The
Juvenile Justice Act encourages in-country adoption, aligning with the principle of preserving
a child's cultural and social ties within the national context. The law emphasises severe

23
Sajal Singhal, Concept of Adoption under Hindu Adoption and Maintenance Act, 1956, Law Bhoomi, Dec 28,
2020
24
Aditi Prabhune, Understanding and distinguishing between Hindu Adoption And Maintenance Act v/s
Juvenile Justice Car, https://www.legalserviceindia.com/legal/article-2166-understanding-and-distinguishing-
between-hindu-adoption-and-maintenance-act-v-s-juvenile-justice-car.html.
25
ibid
26
ibid
screening measures for potential adoptive parents, putting the child's wellbeing first and
guaranteeing a thorough legal procedure.

While HAMA is deeply rooted in Hindu traditions and addresses the specific requisites for
adoption within this community, the Juvenile Justice Act adopts a secular and inclusive
approach. It places the child's welfare at the forefront, recognizing the diversity of religious
backgrounds in India. The contrasting requisites between these acts highlight the nuanced
legal landscape of adoption in India, where the specific needs and cultural considerations of
different communities are carefully taken into account.27

Comparative Analysis: Intercountry Adoption Laws and The Act in Requisites for a
Valid Adoption

Intercountry Adoption Laws:

Intercountry adoptions involve a complex interplay of U.S. federal law, the laws of the child's
country, and state laws of the adoptive parents. The process is governed by international
treaties like the Hague Adoption Convention, ensuring standardized procedures for
Convention countries. The U.S. Citizenship and Immigration Services (USCIS) adjudicate
immigration petitions, emphasizing compliance with the Hague Convention.28

"While intercountry adoptions navigate a multifaceted landscape encompassing U.S. federal

law, the child's country regulations, and adoptive parents' state laws, guided by international
treaties such as the Hague Adoption Convention, Hindu adoptions under HAMA (The Act)
present a distinct legal framework. Rooted in Hindu cultural and religious contexts, HAMA
stands apart as a specialized law, in contrast to intercountry adoption, eschewing international
treaties but focusing on the adoption dynamics within a specific religious community in
India.”

1. Eligibility Criteria:

In intercountry adoption laws, prospective adoptive parents must meet specific criteria,
including factors like age, marital status, and eligibility as determined by the Central

27
ibid
28
Glen-Peter Ahlers, Sr., Adoption Law In The United States: A PathFinder, Volume 2 Issue 1. Child and Family
Law Journal, Page 21-47 (2014).
Authority in the child's country. Compliance with the standards outlined in the Hague
Adoption Convention is paramount.

Contrastingly, under HAMA, eligibility criteria are more culturally oriented, with a focus on
factors such as age, marital status, and a specific condition – the absence of a Hindu son. This
aligns with the religious practices of the Hindu community, making it a specialized set of
criteria within the context of Hindu adoptions.29

2. Consent Requirements:

In intercountry adoption laws, the regulations mandate obtaining irrevocable written consent
from birth parents or legal custodians. This stringent requirement ensures a clear and
documented agreement for the child's adoption, prioritizing a formal and legally binding
process.30

On the other hand, under HAMA, consent requirements have a distinctive cultural dimension.
HAMA places more emphasis on ceremonial consent, and although it doesn't explicitly
mandate written consent, the performance of rituals and ceremonies is considered integral to
the adoption process within the Hindu cultural and religious framework. This highlights a
nuanced approach to consent that goes beyond written documentation and involves specific
cultural practices.

3. Age Requirements:

In intercountry adoption laws, a specific age limit is established for the child, typically under
16, or under 18 if a sibling of an adopted child. These age limits aim to prioritize the welfare
of the child and maintain standardized criteria.31

Conversely, under HAMA, there is no explicit specification of a maximum age for adoptees.
Instead, suitability is a key consideration, affording more flexibility in the adoption of older
children within the Hindu adoption context. This reflects a nuanced approach in HAMA,
where the focus is on assessing the appropriateness of the adoption rather than rigid age
restrictions.

4. Adoption Procedures:

29
Ibid
30
Ibid.
31
Ibid
In intercountry adoption laws, the process entails meticulous formalities, including the
submission of Form I-800, obtaining Central Authority approvals, and undergoing
comprehensive immigration assessments. It is a structured and documented procedure
designed to ensure legal conformity.32

Contrastingly, HAMA places emphasis on ceremonial aspects such as giving and taking.
While the law establishes a framework, it allows for flexibility in procedural details,
accommodating cultural practices within the context of Hindu adoptions.

5. Orphan Status:

In intercountry adoption laws, children from non-Convention countries must meet the
definition of an orphan under the Immigration and Nationality Act (INA). The focus is
primarily on the child's status rather than considering cultural or religious criteria. 33

On the other hand, HAMA focuses specifically on Hindu children without explicitly using the
term "orphan." The law centres more on the religious and cultural context of adoption within
the Hindu community.

6. Cultural Considerations:

Procedures in intercountry adoption laws are standardized based on international norms, often
allowing little room for cultural variations. The emphasis is on legal and procedural
conformity to ensure consistency.34

In contrast, HAMA, being specific to Hindu adoptions, inherently integrates cultural and
religious considerations into the adoption process. The law provides flexibility to
accommodate religious practices, acknowledging and respecting the cultural diversity within
the Hindu community.

7. Comparison in Crisis Situations:

During natural disasters or conflict areas, determining the eligibility of children for adoption
becomes challenging within intercountry adoption laws. Adherence to legal requirements
might be compromised due to the breakdown of civil authority during crises.35

32
Ibid.
33
Ibid.
34
Ibid.
35
Ibid.
HAMA, in contrast, doesn’t explicitly address crisis situations. Its focus is on routine
adoption procedures, and there are no provisions to handle exceptional circumstances arising
from conflict or natural disasters.

8. Overall Implications:

In intercountry adoption laws, the emphasis is on adhering to legal and international

standards, ensuring the rights and welfare of adopted children. The laws provide a structured
and regulated framework for intercountry adoptions to maintain consistency and safeguard
the well-being of the children involved.36

HAMA, while acknowledging legal aspects, primarily balances them with cultural and
religious considerations specific to Hindu adoptions. The law allows for a more personalized
and culturally sensitive approach, reflecting a nuanced understanding of adoption within the
Hindu community. In conclusion, the comparison reveals the nuanced differences between
intercountry adoption laws and HAMA. The former is more focused on legalities and
international standards, while the latter integrates cultural and religious nuances, providing a
more personalized approach to adoption within the Hindu community. The flexibility in
HAMA allows for a balance between legalities and cultural practices, recognizing the
importance of both in the adoption process.

CONCLUSION

In summary, a comprehensive exploration The Act, provides valuable insights into the
evolving legal dynamics surrounding adoption in India. The Act not only addresses the
intricacies of adoption but also widens its scope to encompass the maintenance of various
family members. Recent court rulings reflect a progressive trend, extending the purview of
maintenance obligations to daughters-in-law, widows, children, and elderly parents. This
signifies a societal shift towards recognizing and fulfilling familial responsibilities beyond
traditional boundaries. However, the multiplicity of religious laws necessitates a pressing call
for a Uniform Civil Code, as underscored in the pivotal case of Mohd. Ahmed Khan v. Shah
Bano Begum37. Such a unified code would ensure equitable rights and streamline adoption
processes, fostering a more inclusive legal landscape.

Moreover, Sections 6 and 11 of the Act outline essential prerequisites for a successful
adoption, underscoring the significance of the intention behind moving a child from its
36
Ibid
37
Mohd. Ahmad Khanv/Shah Bano Begum - (Air 1985 Scr (3) 844), SCC online.
biological family to the adoptive family. The Act's provisions, coupled with the insights
gained from our discussions, highlight the ongoing transformation of adoption laws and the
compelling need for a cohesive and uniform legal framework to navigate the complexities
inherent in the diverse cultural and religious fabric of India.

BIBLIOGRAPHY

1. The Adoptions and Maintenance Act, 1956

{As amended by the Jammu and Kashmir Reorganization Act, 2019 (34 of
2019).
2. RK Agrawal, Hindu law,176, (central law agency,25th ed. 2016)
3. Deepak Kumar Verma, Hindu adoption laws and interpretation by different
High Court, National Judicial Academy, Bhopal, (June, 04, 2019,
11:45am), http://www.nja.nic.in/
4. https://www.yourarticlelibrary.com/adoption/adoption-in-india-an-overview/
47681
5. https://vikaspedia.in/social-welfare/women-and-child-development/child-
development-1/child-adoption/overview-of-child-adoption-process-in-india
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7. Adoption Laws in India: Challenging Existing law Niraj Meena, Manupatra.
8. 2014 Adoption Law In The United States: A PathFinder Glen-Peter Ahlers Sr.
9. Prof, G.C.V Subba Rao, Family Law In India, S. Gogia & Company, 8th
edition.