Hindu Adoption & Maintenance Rights

Last updated: October 9, 2025 Type: Article

The Hindu Adoptions and Maintenance Act, 1956 governs adoption and maintenance among Hindus, Buddhists, Jains, and Sikhs in India. It ensures:

Adoption: Orphans get legal families and inheritance rights.
Maintenance: Family members (wife, children, parents) get financial support when needed.
Online Portal: Central Adoption Resource Authority

Adoption and Maintenance Rules

Rule	Details
Who can adopt	Hindu adult (male or female)
Married men	Can adopt only with wife's consent
Married women	Can adopt only if widowed, divorced, or husband is unfit
Number of children	Only one son and one daughter per adopter
Child's age	Below 15 years (unless custom allows otherwise)
Existing children	Cannot adopt a child of the same gender as an existing biological or adopted child
Rights of adopted child	Full inheritance rights, treated as a biological child
Child's consent	Required if old enough to understand
Non-Hindus	Cannot adopt under this Act

Person Entitled	Details
Wife	Entitled even if separated, unless unchaste or remarried
Minor children	Must be maintained until adulthood
Unmarried daughters	Entitled to maintenance
Aged or dependent parents	Can claim maintenance if unable to support themselves
Adopted children	Must maintain adoptive parents like biological children
Amount	Decided by court based on income, needs, and lifestyle

State / UT	Authority for Adoption / Maintenance
Delhi	Family Court / District Court
Maharashtra	Civil Court / Guardian Court
Karnataka	District Family Court
Uttar Pradesh	Family Court / Tehsil Court
Tamil Nadu	District Family Court
West Bengal	Family Court / District Court

1. Who can adopt under this law?: Hindus, Buddhists, Jains, or Sikhs who are adults.
2. Can a married man adopt a child?: Yes, only with his wife's consent.
3. Can a married woman adopt on her own?: No, unless she is widowed, divorced, or her husband is legally unfit.
4. What is the age limit for adoption?: Child must be below 15 years (custom exceptions apply).
5. Can someone adopt more than one child of the same gender?: No. Only one son and one daughter can be adopted.
6. Does the adopted child have inheritance rights?: Yes. They are treated like a biological child.
7. Can non-Hindus adopt under this Act?: No. Only applicable to Hindus, Buddhists, Jains, and Sikhs.
8. Who can claim maintenance?: Wife, minor children, unmarried daughters, and aged/dependent parents.
9. Can a separated wife claim maintenance?: Yes, unless she is unchaste or has remarried.
10. What happens if a husband refuses maintenance?: The spouse can approach a family court to claim support.
11. Can adopted children maintain their adoptive parents?: Yes. They have the same duty as biological children.
12. Is there a fixed maintenance amount?: No. Courts decide based on income, needs, and lifestyle.
13. Can a relative's child be adopted?: Yes, but legal procedures must be followed.
14. Does this law cover foreign adoptions?: No. Only Indian citizens under Hindu law.

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