CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

PROJECT SUBMISSION ON:

Requirements of valid adoption and its effect

Submitted by: RIFAT HAYAT Submitted to: DR. ANUJA MISHRA

CUSB2213125081 ASSISTANT PROFESSOR
Semester 4 School of law and governance,
Sec: A C.U.S.B
B.A.LL. B(H)
 ACKNOWLEDGEMENT

Firstly, I would like to thank prof. S.P. SRIVASTAVA, dean of school of law and governance,
CENTRAL UNIVERSITY OF SOUTH BIHAR. and would like to thank him for promoting research-
based projects to improve and increase the critical thinking capacity of the students as well as make them
inculcate the habit of researching, something that is extremely important for legal experts. He has
continuously been the guiding light for the faculty and more importantly for the students. He has never let
us down and has always promoted creativity and inquisitiveness in students.

Secondly, I would like to thank our concerned teacher for the subject of Family Law DR. ANUJA
MISHRA MAM, without whom the completion of this project would not have been possible. She has
always been friendly and approachable and also addressed all our queries, no matter how insignificant
they are. Her constant support and motivation is what has helped me to complete this project as required
and before the due date. Lastly nothing would have been possible without the constant love and support
that my parents and friends keep showering on me. Without them, this project would only have been a
thought in my mind, but impossible to make. They have always been supportive of my endeavors and
have always pushed me to reach my true potential. I sincerely thank each and every one mentioned above.

RIFAT HAYAT
 TABLE OF CONTENT

S. NO. Topic Page No.

1 Introduction 4
2 Adoption - a concept of law 5
3 Adoption under various laws 6
4 Adoption under English law 6
5 Concept of adoption in Ancient India 6-7
6 Concept of adoption in precent India 7-8
7 Adoption under Hindu law 8
8 Hindu maintenance Act,1956 8-9
9 Requirements of a valid adoption 9-14
10 Effects of adoption 14-17
11 Conclusion 18
 INTRODUCTION

Children are considered a bundle of joy and on whom the future of the country depends. While on one
hand children born in India1 are being pampered and exclusively taken care of and given all the necessities
for their all-round development. Comparatively on the other hand there are over 60,000 children being
abandoned per year in India. In some cases, these children become victims of human trafficking2 and
sexual violence3 . In fortunate cases, the abandoned children are taken to any adoption agency and may
hope for a better life while waiting till they get adopted by someone. Such kinds of children are being
given a chance at a second life through the process called "adoption". In the simpler dictionary meaning
adoption is a "process whereby a person assumes the parenting for another and in doing so permanently
transfers all rights and responsibilities along with filiation i.e.. the determination of paternity from the
biological parent or parents". The author is of the opinion that while anyone can choose to care for a child
in need for short or long-term periods, such as a foster care situation, but adoption is a different situation
that requires a much different commitment. Adoption is the legal act of permanently placing a child with
a parent or parents other than the birth parents. In this process, the parental rights of the birth parents are
permanently terminated. The adoptive parents then assume the full legal responsibility for the child. The
child, in turn gams the same legal rights as that of a child born to the adoptive parents. Adoption means
the connection between the child and the caregiver is legal and binding on both parties, not just convenient.
Adoption involves a great deal of paperwork, as well as the assistance of lawyers, social workers and
judges to finalize the process. It is a permanent arrangement, just like a natural parent-child relationship.
However, for most families, adoptions are ultimately an act of love and the desire to enrich their family
and the life of the child who becomes a part of that family 4 .

1 Almas Shaikh, Adoption Laws in India, www.lawctopus.com

2
Child trafficking according to the UNICEF is defined as "any person less than 18 years of age who is recruited, transported,
transferred, harbored or received for the purpose of exploitation either within India there is a large number of children
trafficked for various reasons such as labor exploitation.
3 P.M. Nair, & report on trafficking in women and children in India, nhrc.nic.in/Documents/ReportTrafficking.pdf

4 www.mentalhelp.net/articles/introduction-to-adobtion-from-the-adoptive-parent-perspective/
 ADOPTION - A CONCEPT OF LAW

Adoption as a legal concept was available only among the members of the Hindu family and the Hindu
parents are legally allowed to adopt the child as their natural born child. Only Hindus were allowed to
legally adopt the children and other communities could only act as legal guardians of the children. The
author is of the view that adoption has always been considered as a wonderful opportunity to provide a
child a beautiful family and parents It offers an excellent alternative to institutional care of dest itute,
abandoned and neglected child in an atmosphere of love, affection and understanding which only a family
can provide and no other institution can replace it. 5

The author is of the opinion that adoption is the institutionalized practice through which an individual
belonging by birth to one kinship group6 acquires new kinship ties that are socially and legally defined as
equivalent to the congenital ties. The term "Adoption" as defined under personal law means that "the
process through which the adopted child is permanently separated from his biological parents and becomes
the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are
attached to the relationship7 "

Adoption is the transplantation of a child from the family in which he/she is born, 10 another family where
he/she is given by the natural parents by way of adoption. The adopted child is then taken as being born
in the new family and acquires rights, duties and status there only and the legal bond with the old family
comes to an end. The real concept of adoption is concerned with Hindus only. The adoption is not an
institution peculiar to Hinduism but also owes its origin to the social communism peculiar to the primitive
races. In early times, children irrespective of their sex were taken in adoption.So adoption is a chance
given for the abandoned children a new life. 8

5 William A. Duirty, International Encyclopaedia of social science, vol. 1, p.95

6 Kinship is the web of social relationships that fons au important part of the lives of most humans in most societies. The
study of kinship is the study of what man does with these basic facts of life such as mating. parenthood and socialization
7 Sangitha Krishmaminthi, Adoption Law in India, www.thealternative.in/society/adoption -lawin-india/

8 Shuani, Adoption in India (An overview)

 ADOPTION UNDER VARIOUS LAWS

HINDU LAW: The Hindu Adoption and Maintenance Act 1956 and Juvenile Justice Care and Protection
of Children Act 2000.

MUSLIM LAW: There is no separate law to make the adoption legal under Muslim Community.
CHRISTIAN LAW & PARSI LAW: The Guardians and Wards Act 1890 A. Hindu can become a
guardian only under Hindu Minority and Guardianship Act 1956.

ADOPTION UNDER ENGLISH LAW

The English law started recognizing adoption during the latter half of the nineteenth century. Legal
adoption came into existence only during 1926. The purpose of this Act was to prevent the biological
parents from claiming back their children. A more comprehensive Act was passed in 1950. This Act was
modified in the year 1958. English law of adoption is very similar to the Hindu law of adoption inasmuch
as that it lays down that the adopted child for all intents and purposes becomes like a natural child and the
child's ties with his natural family are severed"9 .

CONCEPT OF ADOPTION IN ANCIENT INDIA

The ancient texts which throws the light on the concept of adoption in India were Dattaka Mimamsa,
Dattaka Chandrika, Manu, Yagnavalkya, Gautama, Baudhayana and Kautilya are the very few important.
Hindu texts that throws the light on the concept of Adoption in ancient India Exclusively, Smritis deal
with a host of subjects such as domestic rituals, customary rites, inheritance etc. The Smritis like Manu,
Yajnavalkya, Kapila, Lohita strongly discuss about the concept of law of Adoption and Inheritance of the
adopted child. In all these texts it is mentioned that "adoption is a process to incorporate a child
permanently into a family given with all the rights of a natural born child", in which he/she was not been
born. It also says that the child was adopted for temporal and spiritual purposes and more recently, to
satisfy the emotional and parental instincts of the adopters. In smritis literature, the Law of Adoption was

9Almas Shaikh, Adoption Laws in India, www.lawctopus.com/academike/legaladoptionlaws-india

parent based and not child based. The Smirti karas suggested that only one son could be adopted for the
continuation of the family line. There were opinions laid down in these texts that are the whole Smirits
and Puranas ordain that the only son shouldn't be given or received in an adoption. Another common
prediction is that the adoption process should be done only by caste and gotra based meaning thereby in
olden days if the parents try to adopt the child then the criteria for the adoption is that the child must also
belong to the same gotra and caste as their parents do. In Manu it points out that the gifting and sale of
children is sinful in ancient India, while nowadays it is recognized as adoption. 10

CONCEPT OF ADOPTION IN PRECENT INDIAN LAW

The custom and practice of adoption in India dates back to the ancient times. Although the act of adoption
remains the same, the objective with which this act is carried out has differed it usually ranged from the
humanitarian motive of caring and bringing up a neglected or destitute child to a natural desire for a kid
as an object of affection, a caretaker in old age and an heir after death of the particular person who adopts
the child. The author is of the view that since adoption comes under the ambit of the personal laws, there
has not been a scope in the Indian scenario to incorporate a uniforın law among the different communities.
Hence, this law is governed by various personal laws of different religions. So the concept of adoption is
different among different personal law such as Hindus alone can adopt under Hindu Adoption and
Maintenance Act while under Muslim, Christian. Parsis there is no adoption wherein they become only
the guardian to the adopted child and not the biological parent as it was in the case of Hindu adoption.
Adoption is not permitted in the personal laws of Muslims, Christians, Parsis and Jews in India. Hence,
they usually opt for the guardianship of a child through the Guardians and Wards Act. 1890 11 . Indian
citizens who are Hindus, Jains, Sikhs or Buddhists are allowed to formally adopt a child under the adoption
is under the Hindu Adoption and Maintenance Act of 1956. But nowadays, under the Juvenile Justice Act
of 2000 which is a secular law in which any religion can adopt a child. There is no such restriction being
imposed on the parents to adopt the child only on some basic criteria's this act provides and covers wide
range for adoption process. Most of the people in the recent days go for the adoption under Juvenile Justice
Act because under the Hindu Adoption and Maintenance Act one of the drawbacks

10 www.scribd.com/doc/20167904/ADOPTION-IN-ANCIENT-INDIA
11 www.linkedin.com/pluse/lawsgoverning- adoption-india-nishant-mehrotra
is that the children of same gender is not allowed to adopt even if the child are twins, it is not legally valid
under Hindu Adoption but valid under Juvenile Justice Act 2000.

ADOPATION UNDER HINDU LAW

Hindu law is the only law in India which treats an adopted child as being equivalent to a natural born
child. The sole and the only reason for this is mostly because of the belief that a son was indispensable for
spiritual as well as material welfare of the family and because as to continue as their legal heir and has to
take care of them in the olden days. Under the old Hindu law, only a male could be adopted, and a female
child could not be adopted. Then even if a male child is adopted restrictions were imposed based on the
caste and gotra. A female child strictly could not be adopted under the Hindu Law. Under the Old Hindu
law only the male had a right to adopt and the consent or dissent of his wife to the proposed adoption is
immaterial12 . Under the modern Hindu Law every Hindu male or female has the capacity to make an
adoption provided he or she has attained the age of majority and are of sound mind. These all provisions
and legal rules come under the Hindu Adoption and Maintenance Act 1956. The author is of the opinion
that Hindu law is the only law which recognizes adoption in the true sense of taking of a son as a substitute
for a naniral born one. The reason for this is that only a son could fulfil the role of 'deliverer from hell.
The adoption of daughter was thus not legally recognized though it was permissible where custom allowed
it. In the case of Bal Gangadhar Tilak v Shrinivas Pandit"13 , "the privy council observed adoption
among the Hindus is necessary not only for the continuation of the childless father's name but also as a
religious means to make those obligations and sacrifice which would permit the soul of the deceased father
passing from Hades to paradise". Similarly this was also followed in the case law of Amarendra
Mansingh v Sanatan Singh14 the privy council observed that: "The foundation of the Brahmanical
doctrine of adoption is the duty which every Hindu owes to his ancestors to provide for the continuance
of the line and the solemnization of the necessary rites".

HINDU ADOPTION AND MAINTENANCE ACT 1956

Adoption in the Hindus is covered by the Hindu Adoption and Maintenance Act 1956, after coming of
this Act, all the .

12 shodhganga.infibnet.ac.in/bitstream/10603/26528/8/08_chapter%201.pdf
13 42 IA 135, p. 154
14 60 IA 242
 REQUIREMENTS FOR A VALID ADOPTION

Section 6 provides the requisites of a valid adoption. It lays down that no adoption shall be valid unless
the person adopting has the capacity as also has the right to take in adoption, the person giving in adoption
has the capacity to do so, the person adopted is capable of being taken in adoption and the adoption is
made in compliance with the other conditions mentioned in the chapter II 15 .

The adoption is completed by an actual giving and taking and the ceremony is called "Datta homam" this
was the condition in the older days before the enactment of the section 11 of the Hindu Adoption and
Maintenance Act 1956. "One of the important requisites of the Hindu Adoption is the person adopting is
lawfully capable of taking the child and the person giving in adoption is lawfully capable of giving consent
in Adoption". The most possible questions that arise out of Hindu adoption are listed below:

a) Who are entitled to adopt a child under Hindu law?

b) Whether it is Male or Female who is entitled to adopt or both is allowed to adopt the child?

c) To adopt a child who has to give the child in adoption

d) What are the conditions for the adopted child (criteria for the child to be adopted

e) Is there any other condition for a valid adoption?

❖ In this Act it is said that any adult Hindu male who is of sound mind can adopt a child.
❖ If the man is married, then the consent of the wife is necessary.
❖ The same criteria goes with the women also, like wise a female adult Hindu of sound mind could
adopt a child if she is:
1. Unmarried
2. Divorced
3. Widowed or
• Her husband suffers from certain disabilities, the women is entitled to adopt only when the below
three requisites are also fulfilled.

15 Kusums, op.cit., p.8

The husband ceased to be a Hindu and Has renounced the world

• That he has been declared to be of unsound mind by the jurisdiction of the court.

If the above all requirements are fulfilled then the husband and the women is legally entitled to adopt the
child:

a) Who may adopt i.e., who are entitled to adopt a child?

SECTION 7 and SECTION 8 of the Hindu Adoptions and Maintenance Act 1956, prescribes the general
capacity of Hindu male and female to adopt a son or daughter and it is determined on the bases of capacity
of a male and a female to adopt the child.

Section 7 deals with "Capacity of Male".

Section 8 deals with "Capacity of Female".

b) Whether it is male or female who is entitled to adopt?

Under the Hindu Adoption and Maintenance Act 1956, it is stated that both male and female are entitled
to adopt a child but under certain conditions which are given in section 7 and 8 respectively. Prior to the
Personal Law Amendment Act 2010, a female adult Hindu can adopt a child.

CAPACITY OF MALE-SECTION 7

Section 7 of the Hindu. Adoption and Maintenance Act 1956, prescribes the general capacity of a Hindu
male to take a son or a daughter in adoption if and only if:

He should possess sound mind

He should not be a minor, i.e., the age of the person should be of majority age as prescribed under law.

If he has a wife living, he shall not adopt except with his wife's consent, unless his wife has completely
and finally renounced the world that:
She has ceased to be Hindu or

• Has been declared by a court of competent jurisdiction to be of unsound mind.

If a person has more than one wife living at the time of adoption the consent of all the wives is necessary
unless the consent of one of them is unnecessary for any of the reasons specified in the preceding points,
if that satisfies then it is not necessary to get the consent of that particular male who has more than one
wife

This section also provides that if the wife finds that the choice of the person to be adopted by the husband
is not appropriate or is not in the interest of the family then she can veto his discretion.

The above point gives us the conclusion that the consent of the wife has been made as a condition
precedent for adoption by a male Hindu. The Act clearly points out that where both the parents are dead
or is legally incompetent to give in adoption, and then in that case the guardian 16 "of the child may give
the child in adoption with the permission of the court.

CAPACITY OF FEMALE- SECTION 8

Section 8 of the Hindu Adoption and Maintenance Act, prescribes the general capacity of a Hindu female
to take adopt a son or daughter only when:

she is of sound mind

she is not a minor and

she is not married or if married.

whose marriage has been dissolved or

➤ whose husband is dead or has completely renounced to the world or has ceased to be a Hindu or

has been declared by the court of competent jurisdiction to be of sound mind If all the above requirements
are fulfilled then the respective women has the capacity to take a son or daughter in adoption. Where the
woman is married it is the husband who has the right to take in adoption with the consent of the wife.

16A guardian means a person having the care of person and or property of the child and includes a person so appointed by the
will of the child's mother or father or by the court
The above valid points gives us the conclusion that a female Hindu who is of sound mind and has
completed the age of eighteen years can also take son or daughter in adoption to herself and in her own
rights.

After the Personal Laws (Amendment) Act 2010, a female's right to adopt has been brought at par with
the male's rights.

C) &d) who may give child in Adoption and what are the conditions for the adopted child (criteria for
the child to be adopted)

Section 10 of the Hindu Marriage Act 1956 gives the answer for the above question that the section
provides that: "No person except the father or mother or guardian of the child shall have the capacity to
give the child in adoption".

The father alone is alive shall have the right to give in adoption, but such right shall not be exercised
except with the consent of the mother unless the mother of the child has completely and finally renounced
the world or has ceased to be a Hindu or has declared by a court of competent jurisdiction to be of unsound
mind.

The mother of the child may give the child in adoption if the father is dead or has completely renounced
the world or has ceased to be a Hindu or has been declared as unsound.

Whether both the father and mother are dead or have completely and finally renounced the world and
where the parentage of the child is unknown, the guardian of the child may give the child in adoption with
the previous permission of the court.

E) What are the conditions for the person who is adopting i.e., who may be adopted?

No person can be adopted unless:

He or she is a Hindu

He or she has not already been adopted

He or she has not 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.

EFFECT OF THE ADOPTION

When once a child has been adopted that child severs all ties with his natural family where he/ she is
adopted with a privilege as a natural born child. All rights and obligations of natural born children fall on
him. The wife of a Hindu male who adopts is deemed to be adoptive mother. Where an adoption is made
with the consent of more than one wife, the senior most in marriage is deemed to be the adoptive mother
and the rest are deemed to be stepmothers".

In the case of adoption by the widower or bachelor any women whom he subsequently marries is the
stepmother of the child. Similarly, in case of adoption by a widow or an unmarried woman. any man
whom she marries is deemed to be the step father of the child . All laws relating to the adoptive parents
and/or step parents can be seen in Section 12, 13 and 14 of the Hindu Adoption and Maintenance Act
1956. In this context, an issue came up with a case.

CASE NAME: Sawan Ram v Kalavati17

LEGAL ISSUE: Whether in the case of adoption by a widow, would the adopted child be deemed to be
the child of the deceased husband as well, so as to be heir.

DECISION: The Supreme Court held that the adoption would not only by the female, but also to hor
deceased husband. Also, it has to be noted once adoption process made by the parents cannot be cancelled
by the parents, nor can the adopted child renounce the adoptive family and go back 10 his/her birth parents.

Adoption is generally held to be permanent in nature, with neither parties going back on their words. This
has been stated in section 15 (Valid Adoption not to be cancelled) is laid down in the Act. But care has to
be taken that the adoption referred to in this section is a valid adoption.

17 AIR 1967 SC 1761

Section 12 also makes a clear view that from the date of the adoption, an adopted child is deemed to be
the child of his/her adoptive father or mother for all purposes and his ties in the family of his or her birth
shall stand severed and replaced by those created in the adoptive family.

CASE NAME: Kartar Singh v Gurdial Singh 18

LEGAL ISSUE: where the respondent who was adopted by his maternal grandfather claimed property
rights in the family of his birth.

DECISION: The court said that upon adoption no rights remain in the family of birth

The adoptive children have inheritance rights connected with their adoptive parents, but not with their
biological parents.

Section 12 lays down certain provision for the effect of adoption:

I. RESRTICTION ON THE MARRIAGE OF ADOPTED CHILD: The section clearly point out that a
restriction on the marriage of adopted child with a person to whom he or she could not have married if he
or she had continued in the family of his or her birth

II. RIGHTS OF THE ADOPTED CHILD IN ACCORDANCE WITH PROPERTY: The proviso saves
the vested right of the adopted child in the property subject to the obligation, if any attached to the
ownership of such property, including the obligation to maintain relatives in the family of his or her birth.

III. Likewise, clause (c) to the proviso lies down that the adopted child shall not divest any person of any
estate vested in him or her before the date of adoption.

IV. This above provision is related to Section 16 which embodies a rule of presumption lays down that
whenever any document registered under any law for the time being in force evidencing adoption and
signed by the person giving and person taking the child in adoption is produced before any court, then it
shall presume that the adoption has been made after complying with the provisions of the Act unless
proved otherwise.

18 1973 Cur LJ 529

SECTION 13 PROVIDES THE RIGHT OF THE ADOPTIVE PARENTS TO DISPOSE OF
THEIR PROPERTIES.

This section clearly provides that the adoptive child gets property rights in his new family, but an adoption
does not deprive the adoptive father or adoptive mother of the power to dispose of his or her property by
transfer inter vivo or by will, unless there is an agreement imposing such restrictions.

Adoption once made is final and irrevocable. An adoption validly made cannot be cancelled by the
adopter, natural parents or any other person. Nor can an adopted child renounce his adoptive parents and
return to the family of his or her birth. This means that is if a person makes an adoption, under no
circumstances he or she gets rid of the child. An adopted child cannot again be given in adoption.

The author is of the idea that once an adoption has been duly made in accordance with law, it cannot be
cancelled nor can the adopted child, the adoptive parents and the natural parents destroy the rights of the
adopted.

THE PERSONAL LAWS AMENDMENT ACT 2010

After the enactment of the Hindu Adoption and Maintenance 1956, the various sections of these statutory
provisions underwent several amendments. The stame was put into scrutiny and these proposals for
amendments were made. These proposals were then incorporated through the personal law amendment,
Act 2010.

Thus here a few amendments in section 8 and section 9 of the Hindu marriage and Adoption Act 1956
that are incorporated in the statutes

AMENDMENT OF SECTION 8:

In the Hindu Adoption and Maintenance Act 1956 for section 8, the following section shall be substituted
namely:

CAPACITY OF A FEMALE HINDU TO TAKE IN ADOPTION Any female Hindu who is of sound
mind and is not a minor has the capacity to take son or daughter in adoption: provided that, if she
has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless
the husband 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.

AMENDMENT OF SECTION 9(2)

In the Hindu Adoption and Maintenance Act 1956, section 9(2) provides: (2) Subject to the provisions of
subsection (4), the father or mother, if alive shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them shall with the consent of the other unless
one of them has completely and finally renounced the world or has ceased to be Hindu or has been declared
by a court of competent jurisdiction to be of unsound mind; (in) sub-section (3) shall be omitted.

HINDU MINORITY AND GUARDIANSHIP ACT 1956

The Hindu Minority and Guardianship Act 1956 have codified laws of Hindus relating to minority and
guardianship. As in the case of unmodified law, it has upheld the superior right of the father.

It lays down that a child is a minor till the age of 18 years. Natural guardian for both boys and unmarried
girls is first the father and then the mother. Prior right of mother is recognized only for the custody of
children below five. In case of illegitimate children, the mother has a better claim than the acknowledged
father. The act makes no distinction between the person of the minor and his property and therefore
guardianship implies control over both. The Act directs that in deciding the question of guardianship,
courts must take the welfare of child as the paramount consideration.

"Section 6 of this Act provides about the natural guardians of a Hindu minor".

"Section 7 of the very Act speaks about the guardianship of the adopted son".
 CONCLUSION

The only statutes governing adoption in India is the Hindu Adoption and Maintenance Act 1956 and The
Juvenile Justice Care and Protection of children Act 2000.

It is this Act that recognizes the adopted child as his/her own children as a natural born but rest of the
other personal laws do not possess separate Act but they can adopt child under the Guardians and Wards
Act 1890 where the adopted child is not considered as his own child where the child is given guardian up
to 21 years after that it is the discretion of the child to live with the adopted parents or to live alone. So,
therefore, there is a need for a uniform law on adoption. Thousands of abandoned, orphaned and neglected
children need families and innumerable couples wish to adopt but in the absence of satisfactory legal
provisions, the children remain homeless and people desiring to adopt cannot do so. Since the Juvenile
Justice Act is a secular law so the Hindus, Christians and the Muslims can adopt their child and there is
no such restrictions and therefore, there is a great need of Uniform Civil procedure code only through
which problems regarding adoption is solved. So the concept of Juvenile Justice Act was brought up.
Finally, by concluding that "adoption is a noble cause which brings happiness to kids who were abandoned
or orphaned". This gives a chance for the human side of civilization to shine through. It is a beneficial
program where the child is treated as the natural born child and given all the love, care and attention. At
the same time, it fills the void in the parents who yearned for kids, their laughter and mischief echoing off
the walls of a home. However, a few changes could be made to make all the laws regarding adoption a
little uniform.

"Adopting one child won't change the world; but for the child, the world will change"
 BIBLOGRAPHY

ACTS AND CASE LAWS

• Sawan Ram & Others vs Kala Wanti & Others on 19 April 1967 Supreme Court of India.
• Malati Roy Chowdhury vs Sudhindranath Majumdar And Ors. on 4 September 2006 Calcutta High
Court.
• Lakshmi Kant Pandey v. Union of India, 1984 AIR 469 the Supreme court of India
• Adoption Regulations, 2017 framed by ‘Central Adoption Resource Authority (CARA) as
mandated under section 68 (c) of Juvenile Justice (Care and Protection of Children) Act, 2015.
• Juvenile Justice (care & protection) Act, 2015.
• Juvenile Justice Act, 2000.
• Hindu Adoption and Maintenance Act, 1956.
• Guardian and Wards Act, 1890.

WEBSITES

• https://blog.ipleaders.in/adoption-in-india/
• https://www.legalserviceindia.com/legal/article-5534-adoption-in-hindu-law
• https://www.scribd.com/document/542903918/Adoption-Under-Hindu-Law
• https://indiankanoon.org/