Yes you can adopt a child
I am single hindu 34 year male. Can i adopt a child under provisions of HAMA and not really go through registration under CARA? (As later has a long uncertain waiting period).
Yes,Definitely you may but male child below the age of 15 years.
Female child you can't until you are with your wife and joint affidavit executed before the Court to adopt the female child.
You can adopt a child from close family relative
2) there should be giving and taking ceremony
3) deed of adoption should be executed duly stamped and registered
Thanks sir. Can i adopt only from a close relative ? That’ll be very difficult. What is a giving and taking ceremony?
Giving and taking ceremony is when child is given in adoption by biological parents to adoptive parents
2) if you don’t have close family relative follow CARA procedure
You may adopt out of your close relatives before Famy Court/ District Court upon application under HAMA.
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in
adoption. If you are adopting the daughter than age difference must be 21 years.
Just execute adoption deed, same will consider giving and taking. And to make the adoption full proof, held a ceremony just like birthday. Take pictures of it.
There is a ceremony where they will handover the child to you. That would be the giving and taking ceremony
- Any person who wanted to adopt should satisfy the following:
- Hence, you can adopt a child of any gender legally.
- In India, the only legal way to adopt a child is to go through CARA , and any other route could make your adoption process illegal.
- Further , as per rule 33 (5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 , District courts, Family Courts & City Civil courts are the competent courts to deal with adoption petitions.
- Further, as per Para 12 (4) of the Adoption Guidelines , the Court is expected to dispose of the case within a period of two months from the date of filing of the adoption petition by the specialized adoption agency.
- Further, you can select the State for applying for adoption as per your preference , online as well.
- The following documents are needed :-
Dear Sir/Madam,
It is suggested that you can adopt from some close relatives and for that you are required to prepare one adoption deed wherein it will be entered at the the so and so is giving away his child and the so and so is accepting the child. The deed is to be notarised and then case is to filed in the family court as per HAMA.
A single or divorced person can also adopt in accordance with the provisions of adoption regulations framed by the Authority but a single male is not allowed to adopt a girl child
Section 7 of the Act states Capacity of a male Hindu to take in adoption which states that
“any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption.
Provided that, if he has a wife living, he shall not adopt except with the consent of his
wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
In India, an Indian whether he is married or single, Non-Resident Indian (NRI), or a person belonging to any nationality (foreigner) may adopt a child. The guidelines and documentation process for each group of adoptive parents may differ.
Conditions for adoption by Hindu couples or single parent
Yes, Indian law allows a single male or female to adopt a child. The law of adoption in India is governed by three legislations (Acts) generally:
1. Hindu Adoption and Maintenance Act, 1956.
2. Guardians and Wards Act, 1890.
3. Juvenile Justice Act of 2000.
There are some requirements which a single male has to fulfill before he can adopt a child under all these laws. Let’s go through them.
1. Hindu Adoption and Maintenance Act, 1956.
As per section 6 of this act, an adoption is valid, if:
i. The person who wants to adopt has the capacity and right to adopt.
ii. The person giving in adoption has the capacity to do so.
iii. The child is one, who can be adopted.
iv. Adoption meets all the conditions required by the act.
1. Yes, Adoption can be concluded through a registered Adoption deed subject to compliance with the provisions of the Act (Sec
16 of HAMA)
2. Yes you can adopt child from a relative. But you need to execute registered adoption deed to make adoption valid.
You have to follow the guidelines of CARA as per the law. If the parents are willing then an adoption deed is sufficient.