Note:
this post is a part of our important question answer series on Family Law. You
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Answer
Indeed, the concept of adoption
has undergone a remarkable change under the Hindu Adoption and Maintenance Act
(HAMA) 1956. It is no longer strictly based on religious and spiritual
considerations. The focus has shifted towards providing a loving home for a
child. This change also represents a significant reduction in gender bias.
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Provisions mentioned under the
original act
Section 8 of HAMA contains the
relevant provision. It states:
“Any female Hindu-
(a) who is of sound mind,
(b) who is not a minor, and
(c) who is not married, or if
married, whose marriage has been dissolved or whose husband is dead or has
completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind,
has the capacity to take a son or
daughter in adoption.”
You may like: Karta
in Hindu Undivided Families: Position, Rights, Powers, and Duties
Position after the amendment
The Parliament introduced the
Personal Laws (Amendment) Act, 2010 which made necessary changes to HAMA to
make it more gender neutral. Now, after the amendment, it reads as:
“any female Hindu who is of sound mind and is
not a minor has the capacity to take a son or a daughter in adoption. Provided
that:
(A) She is required to take
consent of her husband if she is married.
(B) She is exempted from taking
such consent if the husband has completely renounced the world or the husband
is ceased to be Hindu or he has been declared of unsound mind by a court of
competent jurisdiction.
Moreover, during the subsistence
of marriage, if husband wants to adopt a child, the consent of his wife is
necessary to do so.
Also read: Difference
Between Contract of Indemnity and Guarantee (Contract Law)
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