Adoption by a Hindu Woman under Current Law
The principal law governing a Hindu adoption is the Hindu Adoptions and Maintenance Act, 1956 (HAMA). A deed can provide important evidence, but it cannot cure non-compliance with the statutory requirements of a valid adoption.
Key Conditions Before Using the Deed
- Section 8: the adoptive woman must satisfy the statutory capacity requirements.
- Section 9: only a person legally competent to give the child in adoption may do so. Father and mother have equal rights, subject to the consent requirement and statutory exceptions. A guardian may act only as permitted by Section 9(4).
- Section 10: the child must be Hindu, not already adopted, ordinarily unmarried, and ordinarily below 15 years of age, subject to a legally proved custom or usage where the Act permits an exception.
- Section 11: the restrictions concerning an existing son or daughter must be satisfied. Where a female adopts a male child, the adoptive mother must be at least 21 years older than the child.
- Giving and taking: the child must actually be given and taken in adoption with the intention required by law.
Updated Adoption Deed Format
Replace the blanks with the actual facts and delete clauses that do not apply. Registration, stamp-duty and identification requirements may vary by State and by the registering authority.
DEED OF ADOPTION
This Deed of Adoption is made and executed on this day of , 20 at .
BY
Ms./Mrs. , daughter/wife/widow of , aged about years, residing at , a Hindu by religion, hereinafter called the "Adoptive Mother".
WHEREAS
1. The Adoptive Mother is a Hindu, is of sound mind, is not a minor and is legally competent to take a son/daughter in adoption under Section 8 of the Hindu Adoptions and Maintenance Act, 1956.
2. [If the Adoptive Mother has a husband living:] Her husband, Mr. , has freely consented to the adoption. OR [If a statutory exception applies:] His consent is not required because , being a ground recognised by the proviso to Section 8.
3. The child proposed to be adopted is (name), son/daughter of and , born on , and is capable of being taken in adoption under Section 10.
4. The person/persons giving the child in adoption are legally competent under Section 9 and all consent required by law has been freely given.
5. The adoption satisfies Section 11, including the restrictions concerning an existing son/daughter and the required age difference where the adopter and child are of opposite sexes.
6. On at , the child was actually given by and taken in adoption by the Adoptive Mother with the intention of transferring the child from the family of birth to the adoptive family in accordance with law.
NOW THIS DEED WITNESSETH
1. The Adoptive Mother declares that she has lawfully adopted as her son/daughter in accordance with HAMA.
2. From the date of the valid adoption, the adopted child shall be deemed to be the child of the Adoptive Mother for all purposes, subject to Section 12 and the consequences stated there.
3. The parties confirm that the adoption has been made voluntarily, without force, fraud, coercion or unlawful consideration.
4. The parties intend this instrument to record and evidence the adoption. Where a registered document recording the adoption is signed by the person giving and the person taking the child in adoption, Section 16 may raise the statutory presumption described in that provision unless disproved.
IN WITNESS WHEREOF, the persons concerned have signed this Deed on the date and place first above written.
Adoptive Mother
Signature: ______________________
Name: __________________________
Person Giving the Child in Adoption
Signature: ______________________
Name: __________________________
Capacity: Father / Mother / Guardian, as legally applicable
Consent of Other Parent, where required under Section 9
Signature: ______________________
Name: __________________________
Consent of Husband of Adoptive Mother, where required under Section 8
Signature: ______________________
Name: __________________________
Witness 1
Signature: ______________________
Name & Address: ______________________________
Witness 2
Signature: ______________________
Name & Address: ______________________________
Registration and Evidentiary Value
Section 16 of HAMA provides an evidentiary presumption when a registered document recording an adoption is produced before a court and is signed by the person giving and the person taking the child in adoption. The underlying requirements of a valid adoption must still be satisfied.
Official Legal Resources
Legal note: This page is a general specimen and legal-information resource, not advice for a particular adoption. Parentage, marital status, consent, age, existing children, custom, guardianship, registration and the statutory route may materially affect validity.
Frequently Asked Questions
Can a married Hindu woman adopt?
Yes. Since the 2010 substitution of Section 8, marriage itself does not remove her capacity to adopt. If her husband is living, his consent is ordinarily required unless a statutory exception applies.
Can a Hindu woman adopt a boy?
Yes, subject to HAMA. If a female adopts a male child, she must be at least 21 years older than the child.
Does signing an adoption deed automatically make the adoption valid?
No. The statutory requirements concerning the adopter, the person giving the child, the child's eligibility, Section 11 and actual giving and taking must be satisfied.
Is this deed enough for adopting an orphan through CARA?
No. CARA/Juvenile Justice adoptions follow a separate statutory procedure.