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Adoption Deed Registration

Adoption Deed is required for adopting a child. It is executed by the natural parents of the child in favour of adopting parents. Rules differ according to the religion of the parents. In respect of the Hindus, it is an essential part of the process of adoption as per the Act and rules in this regard. Under Section 16, if the adoption deed is registered then it shall be presumed that the adoption has been done with the provision of the Hindu Adoption and Maintenance Act.

Key points on adoption of a child

  • The ceremony of giving and taking of child is essential in order to make the adoption valid
  • The right of adoption has been allocated to people belonging from Hindu, Sikh, Jain, and Buddhist religion, and not to Parsis, Jews, Christians and Muslims, under the Hindu Adoption and Maintenance Act. However, they can adopt the child under the Guardian and Wards Act, 1890, after procuring permission from the Court.
  • Adoption can only be done only if the adopting party is of sound mind and not a minor. A married Hindu male can adopt a child only after the consent of his wife. No consideration can be transferred for giving and taking of child in adoption.
  • All the ties of a child to his original family will be severed and he/she will be deemed to be the child of adoptive parents from the date of adoption. In case of a Hindu Undivided Family (HUF), he/she will become a coparcener with an equal share in the property of the HUF.   
  • The right to adopt a child is a fundamental right under the Article 21. It has been held by the court that right to life under Article 21 includes all things which make one’s life meaningful.
  • No consideration can be transferred during the adoption of a child. An imprisonment of up to 6 months and fine, or both will be imposed if any violate this rule.

Authorities involved in In-country adoption

  • Competent Court
  • Central Adoption Resource Authority (CARA)
  • State Adoption Resource Agency (SARA)
  • Recognized Indian Placement Agency (RIPA)
  • Specialized Adoption Agency (SAA)