Checklist for Judges of necessary pre- requisite for passing order of adoption of child as per provisions of Hindu adoption and maintenance Act

Based on the provisions of the Hindu Adoption and Maintenance Act, 1956, here is a comprehensive checklist of prerequisites for passing an order of adoption of a child:

Legal Capacity Requirements

For Adoptive Parents (Sections 7 & 8)

Male Hindu Adoptive Parent:

·       [ ] Must be Hindu by religion

·       [ ] Must be of sound mind (not mentally ill)

·       [ ] Must not be a minor (must be of legal age)

·       [ ] If married, must have wife's consent for adoption

·       [ ] If adopting a daughter, must be at least 21 years older than the child.

Female Hindu Adoptive Parent:

·       [ ] Must be Hindu by religion

·       [ ] Must be of sound mind

·       [ ] Must not be a minor

·       [ ] If married, must have husband's consent

·       [ ] If adopting a son, must be at least 21 years older than the child

·       [ ] If unmarried, widowed, or divorced, can adopt without spouse consent

For Biological Parents/Guardians (Section 9)

·       [ ] Only father, mother, or legal guardian can give child in adoption

·       [ ] Must be natural/biological parents of the child

·       [ ] Must have legal capacity to give child in adoption

Child Eligibility Requirements (Section 10)

·       [ ] Child must be Hindu by religion

·       [ ] Child must not have been adopted previously

·      [ ] Child must not be married (unless custom permits)

·       [ ] Child must not have completed 15 years of age (unless custom permits)

Additional Statutory Conditions (Section 11)

For Adoption of Son:

·       [ ] Adoptive parents must not have a living Hindu son, son's son, or son's son's son at time of adoption

For Adoption of Daughter:

·       [ ] Adoptive parents must not have a living Hindu daughter or son's daughter at time of adoption

General Conditions:

·       [ ] Same child cannot be adopted simultaneously by two or more persons

·       [ ] Child must be actually given and taken in adoption

Financial and Social Prerequisites

·       [ ] Adoptive parents must demonstrate adequate financial capacity to maintain the child

·       [ ] Must have stable income and housing arrangements

·       [ ] Biological parents must demonstrate genuine inability to maintain child due to financial constraints

Procedural Requirements

·       [ ] Public Notice: Mandatory newspaper publication to invite objections

·       [ ] Court Verification: No objections received after public notice

·       [ ] Mutual Consent: Voluntary agreement from all parties without coercion

·       [ ] Child Welfare Assessment: Adoption must serve paramount welfare of the child

Documentation Checklist

Personal Documents:

·       [ ] Affidavits from all parties (adoptive and biological parents)

·       [ ] Aadhaar cards of all applicants

·       [ ] Marriage certificate of adoptive parents

·       [ ] Election identity cards

Child-Related Documents:

·       [ ] Birth certificate of the child

·       [ ] Proof of child's Hindu religion

Financial Documents:

·       [ ] Income certificates of adoptive parents

·       [ ] Proof of employment/salary

·       [ ] Property ownership documents

Medical Documents:

·       [ ] Medical certificates of adoptive parents showing sound mind and health

·       [ ] Fitness certificates for adoption

Educational Documents:

·       [ ] Educational certificates/school leaving certificates of adoptive parents

Court-Specific Requirements

·       [ ] Newspaper Publication: Evidence of public notice in local newspaper

·       [ ] No Adverse Interest: Verification that adoption serves no direct or indirect adverse interest

·       [ ] Age Verification: Confirmation of age differences between adoptive parents and child

·       [ ] Security Deposit: Court may direct deposit of specified amount for child's welfare (if required)

Final Verification Points

·       [ ] All provisions of Sections 5 to 11 of HAMA, 1956 are complied with

·       [ ] Adoption serves the best interest and welfare of the child

·       [ ] No legal impediments exist for the adoption

·       [ ] All parties understand their rights and responsibilities post-adoption.

Under Juvenile Justice Act, 2015: Regulation 5 of the CARA Guidelines deals with the eligibility criteria of the prospective adoptive parents-

1. The prospective adoptive parents shall be physically, mentally, emotionally and financially capable, they shall not have any life-threatening medical condition and they should not have been convicted in criminal act of any nature or accused in any case of child rights violation.
2. It also states that the consent of the other spouse is important like the HAMA and the couple should have a stable relationship for a period of 2 years.
3. A single Hindu male can not adopt a daughter however a single Hindu female can adopt a child of any gender.

This checklist ensures compliance with the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically verify all legal requirements before granting adoption orders.

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