You cannot adopt child under HAMA
2) register with CARA for adoption of child
Adoption of a child from Biological parents
We are married couple from Kerala. We got married in 2013 and don't have a child yet. We mutually agreed to adopt an child from a biological parents from Maharashtra. Would like to know can we adopt the child under HAMA act. if so what are the legal formalities and documentation required. Is there any specific format for adoption deed. Kindly advise us.
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
HAMA (Hindu Adoption and Maintenance Act, 1956) does not apply to inter-state adoptions.
1. Obtain a Home Study Report from a Child Welfare Committee (CWC). The CWC will assess the suitability of the applicants for adoption and provide a report on the same.
2. Obtain No Objection Certificate (NOC) from the relevant State Adoption Resource Agency (SARA). The SARA is responsible for the adoption of children in the state.
3. Obtain an Adoption Deed from a Notary Public, specifying the rights and responsibilities of the adoptive parents and the child.
4. Obtain an adoption order from the court granting the adoption.
5. Obtain a Birth Certificate with the adoptive parents as the legal guardians of the child.
Yes you can do the same. You need permission of cara for the same if required in special conditions
HAMA provides for the adoption of Hindu children by the adoptive parents belonging to Hinduism
Section 6 in The Hindu Adoptions and Maintenance Act, 1956
6 Requisites of a valid adoption. —No adoption shall be valid unless—
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter. COMMENTS
Requirements for a valid adoption
(i) Under section 6 the law does not recognise an adoption by a Hindu of any person other than a Hindu; Kumar Sursen v. State of Bihar, AIR 2008 Pat 24.
(ii) To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony; M. Gurudas v. Rasaranjan, AIR 2006 SC 3275.
Section 16 of Hindu Adoptions and Maintenance Act envisages a statutory presumption that in the event of there being a registered document pertaining to adoption there would be a presumption that adoption has been made in accordance with law S.11(vi) of the Act, which records that the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned with intent to transfer the child from the family of its birth to the family of its adoption. The give and take in adoption is a requirement, which stands as a sine qua non for a valid adoption.
Registration of the adoption deed is not mandatory under the Hindu Adoption and Maintenance Act.
Registration of the adoption deed is not mandatory under the Hindu Adoption and Maintenance Act.
All parties to an adoption concluded under HAMA have to present adoption deed to Sub-Registrar in the district with copy of DM. He needs to conduct an inquiry within 30 days to satisfy that all provisions of HAMA and Regulations are followed. If such enquiry is not completed within 30 days, parties are at liberty to register adoption deed. DM will forward a verification certificate in Schedule XXXV and check list in Schedule XXXVI.
Dear client,
, you can adopt a child under the Hindu Adoption and Maintenance Act (HAMA) 1956.
The legal formalities and documentation required for adoption under HAMA are as follows:
Consent of biological parents: If the biological parents are alive, they must give their consent in writing for the adoption. This consent must be given in the presence of two witnesses and must be attested by a notary or a judicial magistrate.
Adoption petition: You will need to file an adoption petition in the court having jurisdiction over the matter. The petition should contain details of the child, the biological parents, and the adoptive parents. It should also mention the reasons for adoption and the consent of the biological parents.
Home study report: A social worker or a child welfare agency will conduct a home study to assess your suitability as adoptive parents. The report will be submitted to the court along with the adoption petition.
No-objection certificate (NOC): You will need to obtain an NOC from the Child Welfare Committee (CWC) or the District Child Protection Unit (DCPU) of the district where the child resides.
Adoption deed: Once the court approves the adoption, an adoption deed will be executed by the biological parents and the adoptive parents. This deed must be registered with the local Registrar of Births, Deaths and Marriages.
There is no specific format for the adoption deed, but it should contain all the details related to the adoption, including the names and details of the biological parents, the adoptive parents, and the child.
It's important to note that adoption laws and procedures may vary depending on the state in which you reside. Therefore, it's best to consult with a lawyer who specializes in adoption laws in Kerala to ensure that you are following all the legal formalities and documentation required for the adoption.
