Legal Question in Family Law in India
Adoption under HAMA 1956
Under Hindu adoptions and maintaence act 1956, Who is the adopter whether it is the father or the mother?
If the father is the adopter than what is the role of the mother in the adoption?
In case of a family dispute who has the right over the adopted child and where should the child reside as per law?
Is there any case judgements in this regard in Family court/high court/Supreme court?
4 Answers from Attorneys
Re: Adoption under HAMA 1956
Male can adopt a child with consent of his wife. But referring to the custody part in case of dispute there is no difference in case of natural and adoptive child. The same laws apply to both.
Re: Adoption under HAMA 1956
in case the child is to be adopted, it is to be adopted by the adoptive father with consent of adoptive mother. in case the child is to be given in adoption, it is to be given by giver father with consent of giver mother. after adoption the legal rights out of natural father cease and legal rights in adoptive family are sown. the child would obviously reside with adoptive parents.
Re: Adoption under HAMA 1956
As per proviso to Section 7 of HAMA, a male is entitled to adopt only with the consent of his wife.
Thus the child will get same rights as if is born in the family. The adopted parents will have same duties towards the child like a natural parent.
In the matter of custody of the child, the same law will apply which govern a natural born child.
Re: Adoption under HAMA 1956
I will refer the reply of both attorneys which are correct.
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