ADOPTION PERESPECTIVE(02)-HAMA ACT: ( THE OTHER LEGAL WAY FOR ADOPTION AS PER LAW)

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What is Adoption :




 Relationship of the child is severed legally from his/her

biological parents

 Child becomes the lawful child of his/her adoptive parents

 All the rights, privileges and responsibilities post adoption are

similar to that in case of a biological child.

(Sec 12 of HAMA, 1956)


HAMA ACT PROVISION :


An Act only for Hindus, as the child, the giver and the taker has to be a Hindu

(a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe

governed by their customary law can not adopt) (Sec 2 of HAMA)

 Eligibility of adoptive parents (Sec 6 to 8 of HAMA)

 Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under

this act only with the consent of his living wife (Husband is the adopter and wife is

merely consenter)

 A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c))

 A person having a male child can not adopt a male child

 A person having a girl child can not adopt a girl child

 Age difference between the adoptive father and the adoptive girl child to be at

least 21 years (Sec 11 (iii))

 The child has to be below 15 years of age (Sec 10(iv) of HAMA


Courts permission to adopt under this act is required only in

the following cases (Sec 9(4) of HAMA):

 where both the father and mother are dead

 where both the father and mother have completely and finally

renounced the world and where both the father and mother with mutual consent

 where both the father and mother have abandoned the child or demise of one parent

 where both the father and mother have been declared to be of unsound

mind by the court concerned or a single parent having full custody of child

 where the parentage of the child is not known

 Valid Adoption can not be cancelled (Sec 15 of HAMA)


If any question or query regarding LEGAL Adoption Call on- Whatsapp... 8595033203

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