Adoption means a child is born in other family but is given to other family
to raise. Adoption is a process of creation relation between parents and a child
who are not related to each other, nor by blood, relatives etc. After Adoption
child get identity, name and a better place to live and grow in society. In
Orphan there are many children's who are waiting for someone to adopt,
children's waiting for a family who will love then and take care of them. There
is a law made on adoption its "Hindu adoption and maintenance Act, 1956.
Adoption definition given in Hindu adoption and maintenance act has used 'child'
instead of 'son', means it include girl and boy both and not just son. Adoption
is valid only when it has been made in according to this act.
The Hindu Male who wants to Adopt the child must meet the provision mention in
Section 7 of the act and For Hindu female its mention in Section 8 of Hindu
adoption and maintenance act.
Legal Adoption is like a security for the adopted child in future he can
approach court for his rights. Adoption should be according to the Hindu
adoption and maintenance Act or else the adoption will be void and will not have
any rights in the adoptive family.
Modern Hindu Law Of Adoption And Old Hindu Law Of Adoption
According to the old Hindu law a man can adopt a son without the consent of his
wife. But the daughter can not be adopted. Only a boy can be given in Adoption
and not a Girl.
According to the Modern Hindu law girls can also get adopted and the changes
were made instead of 'son' it was changed to 'child'. And women can also adopt a
child and while adopting a child there should be a consent of both husband and
Adopted kid has all rights same as biological child, share in his parents'
Adoption In Other Religion
In Muslim, Christians, Parsis and jews adoption is not permitted in personal law
of this religions. In the Case of SHABNAM HASHMI V. UNION OF INDIA, AIR 2014 SC
in this case petition was filled by Muslim who has adopted a young daughter. The
petition was filed for recognition of rights that every person has right to
adopt a child let it be of any religion.
The Judgement passed by the Apex court was any person belonging to any religion
could adopt a child subject to the rules framed.
Some religion law does not allow them to adopt a child. According to me there
should be made some changes in law and person from any religion, caste, race,
sex can adopt a child if he is capable of handling all the expenses of that
child because no rights of that child should be violated. The law should me made
with the adopting a child by transgender and still now in India, Male, female or
couples can adopt a child but there should be a law regarding Adoption by
Transgender. Hopefully the laws will be made and the existing scenario will