This law deals with the rules for adoption and maintenance among Hindus. It applies to Hindus, Buddhists, Jains, and Sikhs.
Adoption:
- Only a Hindu adult (male or female) can adopt.
- A male needs his wife's consent to adopt (if married).
- A female can adopt if she is unmarried, divorced, or widowed.
- Only one son and one daughter can be adopted.
- The adopted child must be under 15 years and not already adopted.
- After adoption, the child is treated like a biological child.
Maintenance:
A Hindu is legally bound to maintain:
- Wife (even if separated, but not if unchaste)
- Minor children
- Unmarried daughter
- Aged or dependent parents
This Act ensures that orphans get families and family members get financial support if needed.
Hindu Adoptions and Maintenance Act, 1956 – FAQs
- Who can adopt under this Act?
Any Hindu, Buddhist, Jain, or Sikh adult (male or female). - Can a married man adopt a child?
Yes, but only with the consent of his wife. - Can a single woman adopt a child?
Yes, if she is unmarried, widowed, or divorced. - Can a married woman adopt a child on her own?
No, not unless her husband is dead, legally separated, or declared unfit. - Is there an age limit for the child to be adopted?
Yes, the child must be below 15 years, unless there is a custom that allows otherwise. - Can someone adopt more than one son or daughter?
No. A person can only adopt one son and one daughter. - Can you adopt if you already have a child of the same gender?
No. You can't adopt a boy if you already have a biological or adopted son, and same for a girl. - Does the adopted child get inheritance rights?
Yes. An adopted child has equal rights as a biological child. - Can a child be adopted twice?
No. Once a child is legally adopted, they can’t be adopted again. - Is the consent of the child required?
Yes, if the child is old enough to understand. - Can non-Hindus adopt under this Act?
No. It only applies to Hindus, Buddhists, Jains, and Sikhs. - What does “maintenance” mean in this Act?
Providing food, clothing, shelter, education, and medical care. - Who can claim maintenance under this law?
A wife, minor children, unmarried daughter, and aged parents. - Can a separated wife claim maintenance?
Yes, unless she is unchaste or has remarried. - What if a husband refuses to maintain his wife or child?
The wife can go to family court to claim maintenance. - Are parents also entitled to maintenance from children?
Yes, if they are unable to maintain themselves. - Can adopted children maintain their adoptive parents later?
Yes. They have the same duty as biological children. - Is there a fixed amount for maintenance?
No. The court decides based on income, needs, and lifestyle. - Can a person adopt a relative’s child?
Yes, but legal procedures must still be followed. - Does the law apply to foreign adoptions?
No. This law applies to Indian citizens under Hindu law.
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