Adoption Laws in India are Different for Different Communities

There are different adoption laws in India that govern the custody of a child that is being adopted. Therefore, it would not be very easy to answer exactly which laws apply to the question of adoption in India. There are different communities in India wherein the period of adoption prescribed is different. The period for girls is also different from those of boys. Only lawyers who are qualified and well-experienced in dealing with adoption laws can offer complete guidance on this matter. Adoption is a very scared procedure but most of the times it can either be legal or illegal.

Laws Governing Adoption in India

According to Indian legislation, adoption is basically a lawful coalition between a child and the party that is going for adoption. This form the matter of personal law according to which a Buddhist, Hindu, Sikh or Jain can go for legal adoption. Here, it is important to note that India does not have any separate adoption laws fir Parsis, Christians and Muslims. It is only because of this reason that these communities have approached the court under Guardians and Wards Act of 1890 for lawful adoption. In India, only lawful adoption is valid and recognized and therefore it is important to understand the exact meaning of legal adoption.

Eligibility for Adopting a Child in India
An Indian, irrespective of the fact that whether he or she is single or married, individual belonging to almost any nationality and even NRI can adopt a child. However, the documentation procedure and the guidelines for the different groups of adoptive parents might differ. Under the Hindu Adoption and Maintenance Act of 1956, following categories of individuals can go for adoptions:





•    A male Hindu of sound intelligence and not a minor has the eligibility of adopting a daughter or a son. However, if this male has a living spouse at the time of adoption then he would be allowed to go for adoption only if his wife agrees to do so.

•    A female Hindu, either single or married, whose husband has been declared incompetent in the court of law or whose husband is no more or whose marriage is no longer considered in the court of law, possesses the capability of adopting a daughter or a son.

Mutual consent divorce in India is a matter that is governed by the religion laws. There are different acts like Hindu Marriage Act of 1955, Parsi Marriage and Divorce Act of 1936, Dissolution of Muslim Marriage Act of 1939 and Indian Divorce Act of 1869 governing the mutual consent divorce of Hindus, Parsis, Muslims and Christians in India.

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