How Does Adoption Differ Between Hindu, Muslim, and Christian Laws in India?

Adoption laws in India vary significantly based on religious and community-based personal laws. Hindu, Muslim, and Christian adoption laws each have distinct provisions governing the adoption process, eligibility of adoptive parents, and the rights of the child. While the Hindu Adoption and Maintenance Act (HAMA) governs Hindu adoptions, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) applies to non-Hindu communities, including Muslims and Christians, though adoption procedures can differ.

1. Hindu Adoption and Maintenance Act (HAMA), 1956:

The Hindu Adoption and Maintenance Act (HAMA) is the key statute that governs adoption for Hindus, Buddhists, Jains, and Sikhs in India. It sets clear guidelines regarding who can adopt, who can be adopted, and the rights of both adoptive parents and children.

Eligibility of Adoptive Parents:

• Married couples: Both husband and wife can adopt, and they must be at least 21 years older than the child.
• Single individuals: A single man can adopt a boy, and a single woman can adopt a girl. However, the maximum age for adoption is generally 55 years, and the age difference between the adoptive parents must be at least 21 years.
• Gender: A male can adopt only a male child, and a female can adopt only a female child, although this provision may be relaxed under certain circumstances.

Adoption Procedure:

Under HAMA, adoption is considered a complete transfer of rights from the biological parents to the adoptive parents. The adopted child becomes the legal heir of the adoptive parents.

The adoption must be approved by a family court and requires the consent of both the child (if over 12) and the biological parents (or guardians).

Rights of the Adopted Child:

• The adopted child has inheritance rights equal to that of a biological child.
• The child also has maintenance rights from the adoptive parents.

2. Muslim Adoption (Under Muslim Personal Law):

Muslim adoption in India is governed by Muslim Personal Law and is not recognized as legal adoption in the same way as under HAMA. While Muslims can raise and care for a child, the concept of adoption in Muslim law is distinct and involves a guardianship rather than a formal legal adoption.

Guardianship (Kafala):

Under Kafala (a form of guardianship), Muslims can take responsibility for a child’s care and upbringing, but the child does not inherit the property of the adoptive parent unless specified in a will.

The child retains the right to inherit from their biological parents, and the relationship does not create legal ties of inheritance with the adoptive family.

Eligibility of Adoptive Parents:

• No specific age restrictions for Muslims, but the parents must be fit to provide care.
• The adoption can be done by a single individual or a married couple, but a male can only adopt a male child, and a female can only adopt a female child.

Adoption Process:

Kafala does not require court approval in the same way as Hindu adoptions. The religious practice and community standards govern the adoption.

Unlike in Hindu law, the child under Kafala retains the rights to their biological inheritance, and the guardianship does not establish a legal parental relationship for inheritance purposes.

Rights of the Adopted Child:

• The adopted child has no inheritance rights in the adoptive family.
• The child may, however, be provided for by the adoptive parent through a will or during their lifetime.

3. Christian Adoption (Under the Juvenile Justice Act, 2015):

For Christians in India, adoption is governed by secular law under the Juvenile Justice (Care and Protection of Children) Act, 2015. The process for adoption is similar to that followed by non-Hindu communities and is facilitated by adoption agencies that are registered with the Central Adoption Resource Authority (CARA).

Eligibility of Adoptive Parents:

• Single individuals and married couples can adopt under the JJ Act. The minimum age of an adoptive parent must be 25 years, and the maximum age is typically 55 years (though this can go up to 60 for older children).
• In the case of a married couple, the combined age of both parents should be at least 50 years.

Adoption Procedure:

The adoption process for Christians is formalized through the JJ Act and involves court approval.

The adoptive parents must apply to a recognized adoption agency, which evaluates the application and submits it to the District Magistrate or Family Court for final approval.

The adoption order grants full parental rights to the adoptive parents.

Rights of the Adopted Child:

• The adopted child becomes a legal heir to the adoptive parents.
• The child also enjoys maintenance rights from the adoptive parents and has the same rights as a biological child.

Key Differences:

Example:

• Hindu Family: A Hindu couple wishes to adopt a 4-year-old child. Under HAMA, they must be at least 21 years older than the child, and the adoption must be formalized through a family court. The child will inherit the parents' property.
• Muslim Family: A Muslim couple takes care of an orphan child under Kafala. While they provide for the child, the child does not inherit from them. The couple's responsibility is purely guardianship rather than legal adoption.
• Christian Family: A Christian couple wishes to adopt a 3-year-old child. They follow the JJ Act, apply through a CARA-registered agency, and get the adoption court-approved. The child inherits from the adoptive parents as a legal heir.