Author: Priyanka Vijay Pawar, Dr Babasaheb Ambedkar Memorial College of Law, Dhule
To the Point
Single parent adoption of children is the term accepted by law in india when a person is willing to be alone without partner or someone who has not married yet,but still he/she wants to adopt a child then law allowed them to do so. But while adopting a child law set some boundaries oto those who are going to do this deed . A man or a woman, if they pursuing particular age fixed by law then only they are free to adopt any child. If single woman is there , she can adopt a child either boy or girl, but there is single man he has restrictions to adopt a child. Age for adoption of a Child matters of both sides and it is cleared by law.
Abstract
In this article we will discuss about the term Adoption which clarified under the Hindu Adoption and Maintenance Act, 1956. In this Act they described adoption from Section 5 to 17 respectively and we can have the detailed information about this term Adoption. In this Article we will see how adoption can be happened and terms for the adoption. When this deed happens some conditions are also there to fulfill them one by one in appropriate manner.
Use of Legal Jargon:-
As per Hindu Adoption and Maintenance Act 1956, there is a chapter given. Under chapter 2 from section 5 to 17 they have described about Adoption. In this chapter, under the said Act some validities are defined by which a person can take adoption or a person who may adopted. If a person takes adoption illegally, he may face effects which can determine this adoption as void. If the process of adoption took place, the person must fulfill the requirement regarding documents because documents are the evidence to prove it in the future whether child is adopted legally or not? There are some conditions given which portray that who may adopted, because not every person can be adopted, there are certain sections given under the said Act which perfectly described the criteria for the adoption.
The Proof:-
The Hindu Adoption and Maintenance Act,1956 defined the term Adoption in an appropriate manner, from section 5 to 17, in Chapter 2 , in this Act , defined Adoption. Adoption this deed cleared that who can adopt any other and who may adopted. For the person who is single in status, also allowed by law to adopt a child, either women or men, both are allowed for this deed , but if a person is single then he/she is restricted for certain conditions regarding age to adopt any child. The Sections regarding adoption are described below respectively:-
Section 5:-
This section explain, a person must fulfill the conditions for adoption of someone else and if the conditions are not fulfilled then in future if issue arises, said provision shall be determined as void.
Section 6:-
In this section they said about capacity of the person, who has capability to take in adoption , the person giving in adoption, the person who has adopted, these conditions are given.
Section 7:-
Here in this section male’s capabilities are given to take in adoption .Any male Hindu who is in adoption, must be sound mind and must not be minor, can take a son or daughter in adoption. If male has a wife then the permission of wife for this deed is necessary in manner.
Section 8:-
Here they explained capacity of female Hindu to take in adoption. As mentioned in section 7 , female must be sound mind and must not be a minor.
Section 9:-
Here is the capability of person who is capable of giving in adoption. When a person ( either father or mother or the guardian of the child) give the child in adoption, shall have the capacity to do so.
Section 10:-
Certain conditions for this section are given, by which a person is capable of being taken in adoption. They have given some conditions which must be fulfilled to do this kind of deed.
Section 11:-
In this section they talked about some other conditions for a valid adoption, these conditions differs this section from the above sections.
Case Laws
Shabnam Hashmi V. Union of India, 2014:-
Here in this case the petitioner who filed a petition was a Muslim and she adopted a girl. But the question raised against this case was Muslims are not allowed to adopt any person, because there is no concept of adoption in Muslim Law. But here question raised by petitioner, every person living in this country should have right to adopt a child and it must not be deprived. Then Supreme Court of India held that any person who belongs to any religion can adopt a child, but being under the the rules framed by law.
FAQS
What is Adoption?
Ans: Adoption is nothing but the legal process where one can take a child who is not one’s own child, but they are willing to raise and foster and nurture that child as their own child
Can single parent adopt a child?
Ans: Yes, single parent either Male or female are allowed by law to adopt any child under certain circumstances, being in conditions framed by law.