- 01-May-2025
- Personal Injury Law
In India, adoption is generally associated with the process of legally taking a minor (usually a child) into one’s family to raise and provide for. However, adult adoption is a unique legal question that arises in specific circumstances. Indian law does not broadly allow for the adoption of adults in the same way that minors are adopted. Yet, under certain conditions and specific legal frameworks, adult adoption is possible in India, although it is relatively rare and subject to several legal provisions and restrictions.
Hindu Adoption and Maintenance Act (HAMA), 1956: Under the Hindu Adoption and Maintenance Act (HAMA), the adoption of a minor child is well-established, but the Act does have provisions for the adoption of an adult under certain conditions.
Section 11 of the HAMA specifically allows for the adoption of an adult if the person to be adopted is:
Inheritance Rights: Once adopted, the adopted adult may gain inheritance rights in the adoptive family, as if they were a biological child. This means that the adopted adult may have the same rights as a biological child to property or assets.
Purpose of Adoption: Adult adoption under HAMA is generally done for reasons such as ensuring inheritance rights or formalizing a family relationship, such as between a child who has been raised in a family but was never formally adopted as a minor.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): The Juvenile Justice Act primarily governs the adoption of children and minors. It does not provide for the adoption of adults. The Act’s primary focus is on minors who are in need of care and protection, and it does not extend to adults, even those who may have been in the care of the prospective adoptive parents since childhood.
The JJ Act aims to ensure the welfare of children and does not permit adult adoption, as it is focused on minors or children under the age of 18 years who are in need of protection, care, or rehabilitation.
The Special Marriage Act, 1954: The Special Marriage Act, which governs marriages between individuals of different religions, does not directly address adult adoption. However, in some cases, an individual may be able to adopt an adult under customary laws, depending on the circumstances. This typically occurs within specific family customs or personal laws that recognize adult adoption in limited scenarios, but it is rare and not widely recognized by national law.
Indian Succession Act, 1925: The Indian Succession Act outlines inheritance laws and does not recognize adult adoption explicitly. However, in cases where adult adoption occurs under HAMA, the adopted adult may inherit as if they were a biological child, but the Indian Succession Act does not directly provide for the adoption of adults.
Inheritance and Property Rights: One of the most common reasons for adult adoption in India is to ensure inheritance rights. For example, a person may wish to formally adopt an adult to pass on family property or wealth, especially when there are no other legal heirs or when the adopted adult has been living with the family for a long time.
This is typically seen in situations where someone may have raised the adult from childhood or in cases of elderly persons wishing to ensure that their property passes on to someone they trust.
Formalizing Familial Relationships: Adult adoption may also occur to formalize an existing family bond. For instance, a person who has lived with a family for years may wish to formally be adopted, recognizing the familial relationship and securing legal rights similar to those of a biological child.
Legal Formalization in Family Disputes: In some rare instances, adoption of an adult can be done to resolve family disputes or legal complications, particularly related to inheritance or the distribution of assets.
Customary or Religious Adoption: Certain religious or cultural practices in India may recognize the adoption of an adult under customary law or religious customs, but these are limited in scope and not necessarily aligned with the legal standards set by Indian civil law.
Consent: The adult to be adopted must consent to the adoption in writing and be of sound mind.
Eligibility of the Adopter: The adopting individual must meet the eligibility requirements under HAMA (e.g., the adopter must be at least 21 years older than the adopted adult).
Petition for Adoption: The adoptive parents must file a petition in a family court seeking approval for the adult adoption.
Court’s Approval: The family court examines the petition and issues an adoption order if the requirements are satisfied.
Inclusion in Family Records: Once the adoption is granted, the adopted adult may be added to the family’s records and gain the rights to inheritance and other familial privileges.
In a scenario where a childless couple wishes to adopt an adult niece to ensure that she inherits their property, the niece would have to consent to the adoption. They would follow the legal process under HAMA, and after fulfilling the requirements, the adoption would be finalized by a family court. Once the adoption is finalized, the adult niece would gain the right to inherit the couple's property, just as a biological child would.
While adult adoption is not a widely recognized or common practice in India, it is legally possible under specific conditions outlined in the Hindu Adoption and Maintenance Act (HAMA). The adoption of an adult typically occurs for reasons of inheritance or formalizing family bonds. However, it is subject to certain restrictions, such as the consent of the adult, the eligibility of the adopting parent, and the gender-specific rules for adoption. For most people, adult adoption is an uncommon and specific legal process used in exceptional situations.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.
