Adoption Laws in India

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“ADOPTION LAWS IN INDIA” table of content introduction research methodology [chapter- I] Adoption under Hindu Law Applicability of the Act The necessary requirements for a valid adoption Necessary capacity of the person undertaking adoption Necessary capacity of the child being adopted Identification of the adoptive mother Certain specific conditions with respect to adoption Outcomes of adoption [chapter-ii] Adoption under Muslim law prophet’s idea of adoption Muslim personal law (shariat) application act 1937 doctrine of acknowledgement kafala conclusion bibliography .

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introduction

“Adoption” means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.”[1] This concept was brought in, to provide a family to the abandoned or neglected children so as to provide love, care and support to them. In the past there was no codified law for this purpose. It was undertaken mainly for the purpose of continuance of heritance and for performing the basic ritual of funeral. However, with time, the law in this respect evolved. As this is related to the determination of legal affiliation of a child, this becomes part of the personal law Though in the present state, we do not have a secular law with respect to the concept, however Hindu Adoption and Maintenance Act, 1956 has been enacted laying out a complete code. This Act however is applicable only to Hindus. It deals on a variety of issues concerning adoption. Under Muslim law, the law pertaining to it is still unclear, with the Juvenile Justice (Care and Protection) Act, 2002 acting as a kind of relief for people who want to undertake adoption. Further, the concepts of acknowledgement and Kafala play important role under the Muslim law. Chapter I would deal with the laws of adoption under Hindu law and Chapter II with the laws regarding the same with respect to Muslim Law.

research methodology

Doctrinal form of research has been undertaken for the project with the data being relied upon being either primary or secondary in nature Objectives 1. To Study and analyse adoption under the Hindu and Muslim laws 2. To analyse the cases regarding to adoption. Hypothesis Adoption as a concept is not recognised by all the religions. There is no uniform secular law on adoption for all religions in India. Scope and Limitation The scope of the paper has been restricted to the practise of adoption under Hindu and Muslim Law

[chapter- I] Adoption under Hindu Law

If a Hindu wants to seek for adoption,

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