frameworks. In contemporary society, the concept of adoption has evolved beyond its historical function of providing care for orphaned children, to encompass the provision of stable homes for those without familial support.

Adoption under Hindu Law

According to Hindu Shastra, an adopted child is considered akin to a natural-born child of the adoptive parents, ensuring the child's protection and care. Once legally adopted, the child obtains all rights and privileges associated with the adoptive family. Notably, the adopted child cannot marry another adopted child or the natural child of the adoptive parents.

Adoption Under Ancient Hindu Law

According to the ancient Hindu legal system, there were specific regulations governing adoption. Under these rules, a man had the authority to adopt a boy without needing his wife's consent. However, a woman was not permitted to adopt a child during her husband's lifetime or after his passing, unless she had been granted authority by her husband or obtained consent from his relatives. It was mandatory for the adopted son to belong to the same caste as the adoptive parents. Additionally, individuals who were born out of wedlock or had congenital disabilities such as deafness and muteness were ineligible for adoption. Only biological parents had the right to give a boy up for adoption, and adoption of daughters was not allowed. Importantly, there were no age restrictions between the adopter and the adoptee.

Adoption Under Modern Hindu Law

The Hindu Adoptions and Maintenance Act secularized the practice of adoption, establishing it as a legal institution. This Act encompasses various provisions pertaining to adoption and maintenance. It abolished the limitations imposed by previous laws. Importantly, under the provisions of this Act, the adoption of girls is also permitted.

Who May Adopt?

Under the provisions of this Act, adoption remains valid even if executed in consideration of pecuniary gain. Both Hindu males and females possess the legal capacity to adopt, with no requisite inquiry into the underlying motive for adoption.

Capacity of a Hindu Male to Adopt

As per Section 7, a male Hindu desiring to adopt a child must satisfy the following conditions: soundness of mind, whereby conditions such as insanity, epilepsy, idiocy, and lunacy are deemed as constituting unsoundness of mind; attainment of majority; and the capability to procreate a son or daughter. The consent of the wife is indispensable for the validity of adoption, rendering an adoption void if executed without her consent. In cases of polygamous marriages, the consent of all wives is requisite.

Capacity of a Hindu Female to Adopt

Section 8 of the Act stipulates that a Hindu female seeking to adopt a child must have attained majority, possess soundness of mind, and be either a widow, divorced, or unmarried.

If a woman has converted to another religion or renounced worldly affairs, her consent is dispensable for adoption. However, the presence of a living woman is imperative for Indian men to adopt children, thus precluding married women from adopting in such circumstances. Hindu Adoption and Maintenance Act, 1956:

I. Male Hindu: A mentally sound, adult male Hindu is eligible to adopt a child. If married, the consent of his wife is necessary for adoption, which must be freely given.

II. Female Hindu: A mentally sound, adult female Hindu is eligible to adopt a child. If married, the consent of her husband is required, and it should be voluntary.

Authority to Give a Child for Adoption

Under Section 9 of the Hindu Adoption and Maintenance Act, only the parents or legal guardian of a child possess the legal authority to relinquish the child for adoption.

As stipulated by the Act:

1. Sole discretion to give a child up for adoption rests with the biological father.

2. The consent of the child's biological mother is requisite for adoption proceedings.

A mother holds the capacity to surrender the child for adoption under the following circumstances:

- The biological father is deceased,
- Incapacitated due to unsoundness of mind,
- Has embraced renunciation of worldly affairs, or
- Has converted to another religion.

It is expressly clarified in this section that "father" and "mother" pertain solely to biological parents, and do not include adoptive parents. Consequently, adoptive fathers or mothers are precluded from offering the child for further adoption.

Procedure for Adoption:

Under the Hindu Adoption and Maintenance Act, 1956, the adoption process involves several steps:

I. Application to a Child Welfare Agency: Prospective adoptive parents must apply to a certified child welfare agency registered with the Central Adoption Resource Authority in New Delhi.

II. Interview: The agency conducts an interview with the adoptive parents to understand their intentions behind adoption.

III. Filing Petition: Once the adoptive parents select a child, they file a petition under the act, initiating court proceedings.

IV. Court Hearings: The court conducts hearings to review the adoption petition.

V. Decree: Upon satisfaction, the court issues a decree finalizing the adoption.

Effects of Adoption

The act of adoption engenders manifold changes in the life of a child. Upon adoption, the child becomes integrated into a new family unit and acquires entitlement to property rights. Adopted children are deemed as offspring of all adoptive parents, thereby conferring upon the adopting parents all associated rights and responsibilities, while the child is also imbued with reciprocal rights and responsibilities. However, specific conditions must be adhered to subsequent to adoption:

I. The adopted child shall refrain from maintaining close contact with any individuals from their biological family and shall not enter into marriage with any member thereof.

II. Any property owned by the child prior to adoption shall remain under their ownership subsequent to adoption. However, such ownership may entail certain obligations, including the provision of support to the child's biological family if deemed necessary.

III. The adopted child shall not divest any member of their biological family of property ownership prior to the adoption.

Alternatively, under The Guardianship and Wards Act, 1890:

I. Application to Court: Prospective adoptive parents file an application with the court, disclosing their intention to adopt.

II. Court Hearing: A hearing is scheduled, during which the adoptive parents present their case and preferences for adoption.

III. Decree: If the court approves, a decree is issued, formalizing the adoption.

These legal frameworks and procedures ensure a regulated and transparent process for adoption under Hindu law, safeguarding the interests of both the adoptive parents and the adopted child.

Rights of Adoptive Parents Regarding Property Disposition

Adoptive parents retain full autonomy to dispose of their properties through means such as transfer by gift or testamentary disposition, unaffected by the act of adoption, unless a prior agreement stipulates otherwise.

Prohibition of Payments in Adoption Proceedings

In light of the escalating global concerns surrounding child trafficking, the prohibition of payments during adoption proceedings stands as a pivotal safeguard against the commercialization of children.

As delineated in Section 17 of the Act, any form of payment, whether monetary or non-monetary, is strictly prohibited during the adoption process. No individual shall either receive or offer any form of remuneration in exchange for adopting a child or relinquishing parental rights.

Violation of this prohibition carries severe penalties. Individuals found engaging in the exchange of payments during adoption proceedings may be subject to imprisonment for a period of up to six months and/or imposition of fines.