Answer By law4u team
Under Muslim law in India, adoption is not recognized as a legal concept. In Islam, adoption is considered to be a charitable act, where a child who is not biologically related to the adoptive parents is taken in and treated as their own, but with the understanding that the child retains their original identity and lineage. As such, the child's biological parents still retain their parental rights and obligations towards the child, including inheritance and maintenance obligations. The adoptive parents do not have the legal right to change the child's name, religion, or other legal aspects of their identity. Instead, Muslim law recognizes the concept of "kafala," which involves taking care of an orphan or a child in need, without adopting them. The kafil (the person who takes care of the child) does not have legal parental rights over the child, but is responsible for their upbringing, education, and maintenance. It is important to note that the legal position on adoption and kafala can vary depending on the specific circumstances and the applicable laws. It is advisable to consult with a qualified Islamic scholar or lawyer for specific advice on adoption and kafala under Muslim law.
