Legal Position under the Hindu Adoptions and Maintenance Act, 1956
This specimen is intended for a Hindu adoption governed by the Hindu Adoptions and Maintenance Act, 1956 (HAMA), where a widowed natural mother is legally competent to give her child in adoption and the proposed adoptive father is legally competent to take the child in adoption.
Conditions to Verify Before Executing the Deed
- Capacity of adoptive father - Section 7: the adoptive father must be a Hindu, of sound mind and not a minor. If he has a wife living, her consent is ordinarily required. If more than one wife is living, the consent of all wives is ordinarily required unless a statutory exception applies.
- Capacity of natural mother to give - Section 9: if the child's father is deceased, the mother may give the child in adoption, subject to HAMA.
- Eligibility of the child - Section 10: the child must be Hindu, must not already have been adopted, must ordinarily be unmarried, and must ordinarily be below 15 years of age, unless a valid applicable custom or usage permits otherwise.
- Existing-child restrictions - Section 11: if a son is being adopted, the adopter must not have a Hindu son, son's son or son's son's son living. If a daughter is being adopted, the adopter must not have a Hindu daughter or son's daughter living.
- Opposite-sex age difference: where a male adopts a female child, the adoptive father must be at least 21 years older than the child.
- Actual giving and taking: the child must actually be given and taken in adoption with the intention of transferring the child from the family of birth to the adoptive family.
- Datta homam: HAMA expressly provides that performance of datta homam is not essential to the validity of an adoption.
Updated Adoption Deed Format
Fill in the blanks with the correct facts and delete clauses that do not apply. State-specific stamp-duty and registration requirements should also be checked before execution.
DEED OF ADOPTION
This Deed of Adoption is made and executed on this day of , 20 at .
BETWEEN
Mr. , son of , aged about years, residing at , a Hindu by religion, hereinafter referred to as the "Adoptive Father";
AND
Mrs. , widow of Late Mr. , residing at , a Hindu by religion and natural mother of the child described below, hereinafter referred to as the "Natural Mother".
WHEREAS
1. The Adoptive Father is a Hindu, is of sound mind, is not a minor and is legally competent to take a son/daughter in adoption under Section 7 of the Hindu Adoptions and Maintenance Act, 1956.
2. [Where the Adoptive Father has a wife living:] His wife, Mrs.
, has freely consented to the proposed adoption.
OR
[Where a statutory exception under Section 7 is relied upon:]
consent of the wife is not required because .
3. Late Mr. , the natural father of the child, died on . The Natural Mother is therefore competent, subject to law, to give the child in adoption under Section 9 of the Act.
4. The child proposed to be adopted is , son/daughter of Late Mr. and Mrs. , born on , and is capable of being taken in adoption under Section 10 of the Act.
5. The proposed adoption complies with Section 11 of the Act, including the restriction relating to an existing son or daughter, as applicable, and the prescribed age difference where the adopter and child are of opposite sexes.
6. The Natural Mother has voluntarily agreed to give the above child in adoption to the Adoptive Father, and the Adoptive Father has voluntarily agreed to take the child in adoption.
7. On at , the Natural Mother actually gave and the Adoptive Father actually took the child in adoption with the intention of transferring the child from the family of birth to the adoptive family in accordance with the Act.
NOW THIS DEED WITNESSETH AS FOLLOWS
1. The Natural Mother hereby declares and confirms that she has lawfully given in adoption to the Adoptive Father, and the Adoptive Father declares and confirms that he has lawfully taken the said child in adoption.
2. The parties confirm that the adoption has been completed through the actual act of giving and taking with the requisite intention and in compliance with the Hindu Adoptions and Maintenance Act, 1956.
3. From the date of a valid adoption, the adopted child shall be deemed to be the child of the adoptive parent for all purposes, subject to Section 12 of the Act, including the statutory provisos concerning prohibited relationships, property already vested before adoption and the estate of the birth family.
4. Nothing in this deed shall be construed as creating an inheritance right beyond, or contrary to, the rights and limitations arising under applicable succession law and Section 12 of HAMA.
5. The parties declare that no prohibited payment or reward has been made, given, agreed or received in consideration of the adoption contrary to Section 17 of the Act.
6. The parties intend this deed to record and evidence the adoption. If the document is registered and is signed by the person giving and the person taking the child in adoption, the evidentiary presumption under Section 16 may apply unless disproved.
IN WITNESS WHEREOF, the parties have signed this Deed of Adoption on the date and at the place first written above.
Adoptive Father
Signature: ______________________________
Name: __________________________________
Natural Mother / Person Giving the Child in Adoption
Signature: ______________________________
Name: __________________________________
Consent of Wife of Adoptive Father, where required under Section 7
Signature: ______________________________
Name: __________________________________
Witness No. 1
Signature: ______________________________
Name & Address: ______________________________________________
Witness No. 2
Signature: ______________________________
Name & Address: ______________________________________________
Effect of Adoption and Registration
Section 12 states the legal effect of a valid adoption and also contains important provisos. A specimen should therefore avoid an absolute statement that the adopted child automatically acquires every item of property of the adoptive parent. Succession consequences depend on the Act and other applicable law.
Section 16 gives evidentiary significance to a registered document recording an adoption when it is signed by the person giving and the person taking the child in adoption. The court shall presume compliance with the Act unless the presumption is disproved. Registration does not dispense with the substantive requirements for a valid adoption.
Official Legal Resources
Legal note: This is a general specimen. Validity depends on the actual facts, capacity and consent of the parties, eligibility of the child, actual giving and taking, applicable custom where relied upon, stamp and registration requirements and the correct statutory route for the particular adoption.
Frequently Asked Questions
Can a widowed Hindu mother give her child in adoption?
Yes. Where the father of the child is dead, Section 9 permits the mother to give the child in adoption, subject to the other requirements of HAMA.
Must the adoptive father be childless?
Not in that broad sense. Section 11 imposes different restrictions depending on whether a son or daughter is being adopted. The applicable statutory condition must be checked in each case.
Is the consent of the adoptive father's wife required?
Ordinarily yes if he has a wife living. Section 7 contains specified exceptions. Where more than one wife is living, the section ordinarily requires consent of all.
Is datta homam compulsory?
No. HAMA requires actual giving and taking with the intention required by Section 11; the Act expressly states that performance of datta homam is not essential to validity.
Does a registered adoption deed itself prove every requirement?
A registered deed meeting Section 16 attracts a statutory presumption unless disproved, but the adoption must in fact satisfy the substantive requirements of HAMA.