- 19-Apr-2025
- Healthcare and Medical Malpractice
Step-parent adoption is a process where one spouse adopts the biological child of the other spouse. In India, step-parent adoption is legally allowed under specific conditions and is governed by various adoption laws such as the Hindu Adoption and Maintenance Act (HAMA) for Hindus, and provisions under the Juvenile Justice (Care and Protection of Children) Act (JJ Act) for other communities. The process allows a step-parent to gain legal recognition as the child's parent, which carries significant legal rights, including inheritance rights and the ability to make decisions on behalf of the child.
Hindu Adoption and Maintenance Act (HAMA), 1956: The Hindu Adoption and Maintenance Act (HAMA) is one of the primary laws for adoption in India for Hindus. The rules for step-parent adoption under HAMA are as follows:
The biological parent (the spouse of the adopting parent) must consent to the adoption in writing. This is required as the adoption involves the transfer of parental rights.
If the child is over the age of 12, the child’s consent is also required, though children under 12 may not be able to express informed consent. However, the adoption is still legal if the child is of a very young age.
The adoption must be approved by a family court, which evaluates the suitability of the adoptive parent (step-parent) and ensures that the adoption is in the child’s best interest.
The step-parent must file a petition in a family court to seek approval for the adoption. The court will examine factors such as the relationship between the step-parent and the child, the child’s welfare, the financial stability of the adoptive parent, and other family-related issues before granting the adoption order.
Inheritance Rights: Once adopted, the child becomes a legal heir to the step-parent and inherits their property, just as a biological child would.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): The Juvenile Justice Act (JJ Act) governs the adoption of children for all communities other than those governed by personal laws like HAMA. Under this law, step-parent adoption is generally allowed, though the procedure differs slightly.
The biological parent’s consent is mandatory, as the biological parent’s rights over the child are being transferred to the step-parent. The child’s consent is also required if the child is above 12 years. If the child is younger than 12, the court can consider the child’s opinion but does not require explicit consent.
The CWC (under JJ Act) is responsible for evaluating the case and issuing an adoption recommendation. This step ensures that the adoption is in the child’s best interest and does not disrupt the child’s well-being.
After the CWC's recommendation, the adoption application is submitted to the family court. The court reviews the adoption application and issues an adoption order if everything is in order.
Inheritance Rights: After legal adoption, the child obtains inheritance rights in the step-parent’s family, and the step-parent gains full parental authority over the child.
Once the adoption is complete, the step-parent has full legal rights and responsibilities over the child. These include custody, education, and medical decision-making, as well as the right to inherit property.
Adoption by a step-parent does not terminate the relationship between the child and the biological parent. The biological parent remains the child’s parent, and the step-parent is an additional legal parent.
In some cases, cultural norms or family dynamics can impact the decision to pursue step-parent adoption. The step-parent adoption process might require extra care, especially if the biological parent has remarried or if there are multiple step-parents involved.
The adopting parent (step-parent) files a petition in the family court seeking approval for the adoption. The petition includes information about the marriage, the child’s background, and the reasons for adoption.
The biological parent must consent to the adoption in writing. If the child is above 12, their consent is also required.
The Child Welfare Committee (CWC) evaluates the case if the adoption is governed by the JJ Act. The committee ensures that the adoption is in the best interest of the child.
A home study and background check are conducted by the adoption agency or family court to assess the fitness of the adopting parent to provide a safe and supportive environment for the child.
After all necessary documents and evaluations, the family court hears the case and issues an adoption order if the conditions are met.
Once the adoption is finalized, the child is legally recognized as the child of the step-parent, and the child inherits the legal rights associated with that status.
A woman remarries a man who has a 10-year-old son from his previous marriage. The man wishes to adopt his wife’s son from the previous marriage. After obtaining consent from both the biological mother and the child (who is 10 years old), the step-father petitions the family court for adoption. The court reviews the case, ensures the welfare of the child, and grants the adoption. Now, the child legally belongs to the step-father and gains inheritance rights from him.
Step-parent adoption in India is allowed under specific legal provisions, primarily governed by the Hindu Adoption and Maintenance Act (HAMA) for Hindus and the Juvenile Justice Act (JJ Act) for other communities. The process involves obtaining the consent of both the biological parent and, if applicable, the child, as well as undergoing evaluations by the family court and potentially the Child Welfare Committee. Upon successful adoption, the step-parent gains full parental rights, including custody and inheritance rights, and the child formally becomes a member of the adoptive parent’s family.
Answer By Law4u Team
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