CONCEPT OD ADOPTION ACCORDING TO HAMA (part 2) BY TWINKLE KWATRA

In my previous article related to HAMA  I told you what is adoption and who can adopt and who can give a child  in adoption and also about the capacity and their rights. In this article i will tell you more about adoption and the provisions under HAMA.

If you want to know the basic concept of adoption then do watch my previous article. The link has been given at the end of this article.

IN THIS WE WILL TALK ABOUT THE REMAINING SECTIONS FROM BARE ACT.

SEC 10: PERSON WHO MAY BE ADOPTED

  •  he/she should be Hindu.
  • he/she has not already been adopted.
  • he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption
  • he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

SEC 11: OTHER CONDITONS FOR A VALID ADOPTION

  • 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 by adoption) living at the time of adoption.
  •  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 by adoption) living at the time of adoption.
  •  if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted.
  •  if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted.
  •  the same child may not be adopted simultaneously by two or more persons.
  •  the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth  [or in the case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption.

Provided that the performance of datta homam shall not be essential to the validity of adoption.

SEC12: EFFECTS OF ADOPTION

  • An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.

PROVIDED THAT:

  • the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth.
  • if there is any property that has been vested in the adopted child before his/her adoption then that property will continue to vest along with the obligations if any.
  • the adopted child can not divest any person of any estate which vested in him or her before the adoption.

SEC 13: RIGHT OF ADOPTIVE PARENTS TO DISPOSE OF THEIR PROPRTY

  • an adoption does not deprive an adoptive father or mother of the power to dispose of his/her property by transfer inter vivos or by will.
  • but if there is any agreement then that will be valid.

SEC 14:DETERMINATION OF ADOPTIVE MOTHER IN CERTAIN CASES

  • Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother.
  •  Where an adoption has been made with the consent of more than one wife, the senior most in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.
  • Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child.
  • Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.

SEC 15: VALID ADOPTION NOT TO BE CANCELLED

  • No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person
  • nor can the adopted child renounce his or her status
  • and return to the family of his or her birth

SEC 16: PRESUMTION AS TO BE REGISTERED DOCUMENTS RELATING TO ADOPTION

  • Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

SEC 17: PROHIBITION OF CERTAIN PAYMENTS

  • there should be no reward in consideration of a child.
  • If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
  •  No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorized by the State Government in this behalf.

LINK TO MY PREVIOUS ARTICLE:

CONCEPT OF ADOPTION ACCORDING TO HAMA(part 1)BY TWINKLE KWATRA

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