Releancy of Datta Homam in Adoption ( Family law )
Releancy of Datta Homam in Adoption is a authority for the, view that for adoptions among the twice-born or regenerate castes the ceremony of datta homam is necessary and that there can be no valid adoption without this ceremony.The performance of religious ceremonies, especially the datta homam was necessary, and as this ceremony did not take place till the following day, the 18th, there could be no valid adoption on...authority for the, view that for adoptions among the twice-born or regenerate castes the ceremony of datta homam is necessary and that there can be no valid adoption without this ceremony. The physical...Hindu law and on Hindu usage, and it is perfectly clear that amongst the twice-born classes there could be no such adoption by deed, because certain religious ceremonies.
Adoption
When a person assumes the responsibility of a child and takes the role of a parent to him, he is said to have adopted the child. The laws governing adoption can vary from country to country and religion to religion. The person adopted can be of any age be it an adult or a child. The parents can often take legal recourse to adopt a child in order to have definite rights over the adopted child. The consent of the child’s parents to the adoption may, in special cases, be substituted by the approval of a judge.
The Hindu Adoption and Maintenance Act, 1956
The Act replaced the common Hindu law and to a great extent has codified the law on adoption. The Act aims to rectify the caste-based division in the Indian society and the adoption based upon it. It deals with the process of adoption of a child and all the legalities concerned with it. The act provides wide powers to a person to adopt according to certain conditions as specified in the law. However, this law does not confer any power to adopt to non-Hindus like Christians, Muslims and Parsees. The ultimate position would be if a Hindu wants to adopt a child from a Home he would be in a position to do so, but if a non-Hindu like a Christian intends to adopt he will be found to be sans law and sans procedure.
Guardian and wards Act, 1980
Since the Muslims, Christians and Parsis have no other legal recourse regarding the adoption laws, they can approach the court through this act. The personal law of these religions only identifies the provision of ‘guardianship’ and not adoption. In fact, a child who has been adopted cannot automatically assume the property belonging to the parents since the act has only conferred the relationship of a guardian and ward, unlike the Hindu adoption law. This relationship persists until the time the child has completed 21 years of age.
Juvenile Justice (Care And Protection Of Children) Act, 2000
This act aims to provide rehabilitation facilities and strong integration with the society to the orphan children who are given under chapter IV of the said act. Section 40 and 41 of the Act provides that the rehabilitation of a child will only happen at a new place and encourages the act of adoption and guardianship of surrendered or abandoned children of the society.
Capacity to be adopted
In order to be adopted, the child or the person who is to be adopted also satisfy certain conditions for the fulfilment of the procedure. These are as follows:
- The child should be belonging to no other religion except Hindu.
- He/she should not have been adopted before the valid process of adoption has taken place.
- Should be below the age of 15 years. (depends on the customs, if they allow then he can be adopted after 15 years also)
- He should not have been married till the time he is adopted (depends on the local customs)
