Author: Nikhila S, Student at Sastra University, Thanjavur, Tamil Nadu
ABSTRACT
Practice of adoption can be trailed back to many decades. During the transit from the primitive to modern age, the concept of adoption has undergone a radical change. India as one of the ancient countries in the Asian continent has gone through major changes in the field of adoption. Adoption is essentially the product of historical and evolutionary processes.
India is a country with great religious diversity. Religion is by far first affinity of a man when he is born and governs the life of a person till death. Every religion has its own set of practices which it follows. The Indian legal system embraces customs and legislations to form law.
There are numerous religions in India but there is no specific adoption law governing the adoption of all religions. Till date, the Hindu Adoption and Maintenance Act, 1956, is the only personal law available for adoption in India. Religions like Jews, Christians, Muslims, and Parsi do not have any discrete Personal laws involving adoption due to which they can never adopt a child and give it their family name. They can merely be the guardians of the child under Guardians and Wards Act, 1890. Hindu Adoption and Maintenance Act, 1956, is also applicable to Sikhs, Hindus, Jains, and Buddhists. The Government of India has been taking steps to make a uniform law for adoption.
This paper focuses on the laws governing adoption in India and the challenges involved therein.
