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Adoption under Muslim Law + In Islam adoption doesn’t exist as it does in Hinduism. * Kafala which literally means ‘sponsorship’ is the closest concept in relation to adoption present in Muslim law. It is more of a foster parent relationship. * He cannot inherit the property of his adoptive parents although the adoptive parents can give gift it to him. * The Muslim Personal Law (Shariat) Application act, 1937 was promulgated to make provision for a ae of muslim personal law i.e. shariat, to muslims. Section 2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained — under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat). * There is no mention [ But that doesn’t mean that adoption is non existent in Muslim law, as mentioned above the practise of sponsorship is still there and if any custom or usage permits then also adoption can be done. Secular Law The Guardians and Wards Act, 1890 * Personal laws of Muslims, Christians, Parsis and Jews do not recognise €omplete adoption, As non-Hindus do not have an enabling law to adopt a child legally, the people belonging to these religions who are desirous of adopting a child can only take the child in 'guardianship' under the provisions of The Guardians and Wards Act, 1890. * The statute does not deal with adoption as such but mainly with guardianship. The process makes the child a ward, not an adopted child * When children turn 21 years of age, they no longer remain wards and assume individual identities. * They do not have an automatic right of inheritance. >. The Juvenile Justice (care and protection of children) Amendment act, 2006 _~ Section 2 (aa) defines ‘adoption’ as the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship. VY Chapter IV of this act is titled ‘Rehibilitation and Social Reintegr: This is a very good approach of the parliament to secularise adoption and a positive step towards the welfare of abandoned, orphan and surrendered children. Section 40 talks about the rehabilitation of the child and social integration by \doption (ii) foster care (iii) sponsorship (iv) sending the child to an after-care organization. Section 41 gives guidelines regarding adoption | Only Non Hindus s#eallowed to adopt using these provisions because for Hindus we have HAMA procedures already in existence.

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