Adoption under HAMA: Hindu Adoption and Maintenance Act, 1956

INTRODUCTION

The Hindu Maintenance and Adoption Act addresses legal aspects of maintenance and adoption under HAMA within the Hindu community. Enacted in 1956, this Act is part of Hindu personal laws, complementing the Hindu Succession Act and Hindu Marriage Act. It provides a structured approach to maintenance obligations, ensuring financial support for wives, children, and elderly parents. A Hindu husband must provide maintenance to his wife, including during separation or divorce, under the Act’s provisions.

The Act extends maintenance obligations to children and aged parents, emphasizing traditional family responsibility and social support. It also lays down clear guidelines for adoption under HAMA, ensuring legal parentage and inheritance rights within Hindu families. Adopted children receive the same rights and status as biological children, promoting their welfare and integration into adoptive families. By codifying family law, the Act provides clarity and protection, upholding justice and care within Hindu households.

ADOPTION UNDER HAMA

Chapter II of the legislation, extending from Sections 5 to 17 provides for the adoption by a Hindu parent.

Section 5: Regulation of Adoptions

Section 5 provides for the regulation of adoptions. This section mandates that no adoption by a Hindu can occur unless it adheres to the provisions set forth in this Chapter. It explicitly states that any adoption not conforming to these guidelines is deemed void. A void adoption will not confer any rights within the adoptive family that could not have been acquired otherwise, nor will it affect the rights a person holds in their birth family. This ensures that the legal validity of adoptions is strictly regulated to maintain fairness and order.

Section 6: Criteria for a Valid Adoption

As per Section 6, which provides for the criteria for a valid adoption under HAMA, several prerequisites must be met. These include the adopter’s capacity, the giver’s eligibility, the child’s eligibility, and adherence to specified legal conditions. This section defines valid adoption, ensuring all parties involved comply with legal requirements.

Section 7: Adoption by a Male Hindu

Section 7  specifies that any male Hindu of sound mind and above the age of majority can adopt a child. If married, he must obtain his wife’s consent unless she has renounced, converted, or been declared mentally unsound. If he has multiple wives, all must consent unless any fall under the mentioned exceptions. This provision ensures that adoptions are carried out with the necessary consent and consideration of all involved parties.

Section 8: Adoption by a Female Hindu

Similar to the provisions for male Hindus, Section 8 outlines that any female Hindu of sound mind and above the age of majority can adopt a child. If she is married, her husband’s consent is necessary unless he has renounced the world, ceased to be a Hindu, or has been declared mentally unsound by a court. This section ensures that the adoption process respects the marital status and consent of both partners in a marriage.

Section 9: Authority to Give a Child in Adoption

According to Section 9, only biological parents or a guardian can give a child in adoption under HAMA. If both parents are deceased, renounced the world, or mentally unsound, the guardian needs prior court approval. The court must ensure the adoption benefits the child and involves no improper financial transactions. This section emphasizes the importance of judicial oversight in the adoption process to safeguard the child’s welfare.

Section 10: Eligibility for Adoption

Section 10 outlines the conditions under which a person can be adopted. The individual must be a Hindu, must not have been previously adopted, must not be married unless custom permits, and must be under fifteen years old unless custom allows for the adoption of older individuals. These conditions help ensure that adoptions are carried out under culturally appropriate and legally sound practices.

Section 11: Conditions for a Valid Adoption

Section 11 provides for he conditions for a valid adoption under HAMA. If adopting a son, the adoptive father or mother must not already have a Hindu son or grandson. For a daughter, the adoptive parents must not have a living Hindu daughter or granddaughter. The adoptive parent must be at least twenty-one years older than the adopted child if the child is of the opposite gender. Additionally, the same child cannot be adopted by multiple parties simultaneously, and the child must be physically handed over to the adoptive parents. These conditions ensure that the adoption process is clear, fair, and respects traditional norms.

Section 12: Legal Status of an Adopted Child

As per Section 12, upon adoption under HAMA, the child is considered the legal child of the adoptive parents, with all the associated rights and obligations. This section establishes that all connections with the birth family are severed, except for property rights and obligations. This means the adopted child inherits as if they were a biological child of the adoptive parents while retaining any property rights acquired before the adoption. All rights and obligations of a natural born child of the family fall on him. However, there are three exceptions to this,[i] viz:

1. The child cannot marry any person whom he or she could not have married had he/she not been taken in adoption
2. Any property vesting in the adopted child before adoption continues to vest in him subject to the obligation, if any, attaching with the ownership of the property, including the obligations to maintain relations of his or her birth.

• The adoptive child cannot divest any person of any estate which vested in him or her before adoption.

Section 13: Property Rights of Adoptive Parents

Adopting a child does not restrict the adoptive parents’ ability to transfer or bequeath their property. Section 13 allows adoptive parents to dispose of their property through transfers or wills, as long as there is no contrary agreement. This provision ensures that adoption does not interfere with the financial autonomy of the adoptive parents.

Section 14: Status of the Adoptive Mother

Section 14 clarifies the status of the adoptive mother in various scenarios. If a man with a living wife adopts a child, the wife is deemed the adoptive mother. In cases where multiple wives consent to the adoption, the senior-most wife is considered the adoptive mother, and others are regarded as stepmothers. Similarly, if a single woman adopts a child and later marries, her new husband is deemed the stepfather. This ensures clear roles and responsibilities within the adoptive family.

Section 15: Permanency of Adoption

Once an adoption is validly performed, it cannot be cancelled by the adoptive parents or by the adopted child returning to their birth family. Section 15 underscores the permanency of adoption, affirming that once the legal process is complete, it establishes an enduring familial relationship.

Section 16: Presumption of Validity of Adoption Records

As per Section 16, documents registered under the law, indicating adoption, are presumed valid unless proven otherwise. This presumption simplifies the process of proving the legality of adoption, streamlining legal proceedings and ensuring the integrity of adoption records.

Section 17: Prohibition of Financial Transactions in Adoption

Section 17 strictly prohibits any payments or rewards related to adoption. Violating this rule, by either offering or accepting such payments, is punishable by imprisonment or fines. This provision is crucial for maintaining the ethical standards of adoption and preventing exploitation.

CONCLUSION

The Hindu Maintenance and Adoption Act of 1956 represents a cornerstone of Hindu personal law, intricately designed to address the nuanced needs of maintenance and adoption within Hindu families. By providing a structured framework for maintenance, the Act reinforces the traditional family responsibility, ensuring that dependents, including wives, children, and elderly parents, receive adequate financial support. This reflects a deep-rooted commitment to social welfare and familial duty.

Adoption under HAMA further underscore its significance. Chapter II of the Act outlines the prerequisites and procedures for a valid adoption, ensuring that all parties involved meet legal and ethical standards. The stringent criteria for adoption, such as the requirement for the consent of spouses and the authority of biological parents or guardians, safeguard the best interests of the child and uphold the integrity of the adoption process.

The Act ensures that adopted children gain the same rights and status as biological children, promoting their welfare and facilitating their smooth integration into their new families. Additionally, the Act addresses issues related to property rights and the permanence of adoption, providing clarity and legal certainty. By prohibiting payments and rewards in adoption under HAMA, it upholds ethical standards and prevents exploitation.

[i] Laxmibai v. Bhagwantbuva, AIR 2013 SC 1204: (2013) 4 SCC 97.