Hindu Adoption & Maintenance Law: Rights of Wife, Child, and Parents

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

1. Who can adopt under this Act?
   Any Hindu, Buddhist, Jain, or Sikh adult (male or female).
2. Can a married man adopt a child?
   Yes, but only with the consent of his wife.
3. Can a single woman adopt a child?
   Yes, if she is unmarried, widowed, or divorced.
4. Can a married woman adopt a child on her own?
   No, not unless her husband is dead, legally separated, or declared unfit.
5. 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.
6. Can someone adopt more than one son or daughter?
   No. A person can only adopt one son and one daughter.
7. 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 the same goes for a girl.
8. Does the adopted child get inheritance rights?
   Yes. An adopted child has equal rights as a biological child.
9. Can a child be adopted twice?
   No. Once a child is legally adopted, they can’t be adopted again.
10. Is the consent of the child required?
    Yes, if the child is old enough to understand.
11. Can non-Hindus adopt under this Act?
    No. It only applies to Hindus, Buddhists, Jains, and Sikhs.
12. What does “maintenance” mean in this Act?
    Providing food, clothing, shelter, education, and medical care.
13. Who can claim maintenance under this law?
    A wife, minor children, an unmarried daughter, and aged parents.
14. Can a separated wife claim maintenance?
    Yes, unless she is unchaste or has remarried.
15. What if a husband refuses to maintain his wife or child?
    The wife can go to family court to claim maintenance.
16. Are parents also entitled to maintenance from children?
    Yes, if they are unable to maintain themselves.
17. Can adopted children maintain their adoptive parents later?
    Yes. They have the same duty as biological children.
18. Is there a fixed amount for maintenance?
    No. The court decides based on income, needs, and lifestyle.
19. Can a person adopt a relative’s child?
    Yes, but legal procedures must still be followed.
20. Does the law apply to foreign adoptions?
    No. This law applies to Indian citizens under Hindu law.