The Hindu Adoption & Maintenance Act,

1956
• Adoption- uprooting of the child from his natural family & transplanting
into adoptive family.
• Earlier times- only sons- taken in adoption. Daughters- no privilege.
• Purpose twofold- religious & secular:-
a. Conduct funeral rites.
b. Keep continuity of lineage.
c. Purpose- to get an heir who would carry adopter’s name.
• After 1956- daughter- can- legally adopted.
• For adoption- no religious ceremony required.
• Registration- no requirement- as under old law.
• After adoption- son/daughter- all ties- natural family broken & ties with
adoptive family begins.
• Exception- he can’t marry in his natural family any person within
prohibited degrees that he/she could not marry had he/she not been
adopted in adoptive family.
 Adoption: Pre Act & Post Act Position
Pre Act
• Object- Spiritual
• Only son- Adopted
• Married man- adopt- without
consent of wife
• Parents- power to give child in
adoption.
• Adoption- illegitimate/ founding/
orphans- not allowed.
• Ceremony of Datta Homan
necessary.
• No express restriction- age gap-21
yrs- if person interested in adopting
child of opposite sex.
Post Act
• Object- not necessary
• Daughters- can be adoptive
• Consent of wife is pre-requisite.
• guardian with prior consent of
court- give child in adoption.
• Adoption- illegitimate/ founding/
orphans- not a bar
• Ceremony- giving/ taking
required.
• age gap-21 yrs- if person
interested in adopting child of
opposite sex.
 Adoption: Pre Act & Post Act Position
continues…
Pre Act Post Act

• Preference- near relative • No such rule.

than to stranger. • Child below 15 yrs-
• No express restriction as to adopted- unless custom
age of child mentioned approves.
under old act.

 Adoptions if made in
violations of provisions of
Act- Void.
 Act applies only to Hindus.
 Inter – Country Adoption
• Known as- transnational Adoption.
• Mode of adoption- individual/couple becomes legal parents of
a child who belongs to a different nation.
• In India- children being adopted by foreign nationals- it is
seen- children used as domestic servants/ beggars/
prostitution.
• CARA( Central Adoption Resource Agency)- issued guidelines-
adoption from time to time.
• CARA- issued separate policy guidelines- inter-country & in-
country adoptions.

• NOC- CARA- mandatory- inter-country adoptions before

placement process application in competent Judicial Courts.
 Inter – Country Adoption
Continues…..
• Foreign couples- desire adoption- India- go to
EFFA (Enlisted Foreign Adoption Agency).
• Request sent by EFFA to RIPA (Regional Indian
Placement Agency).
• On Request- RIPA- looks for adoption- agencies.
• After child found by RIPA- NOC taken by CARA-
mandatory.
• Finally- RIPA moves to court where
guardianship- provided to child inder
guardianship & Wards Act.
 Leading Case Law
 Laxmikant Pandey v. UOI