Kesava 15 February 2016

Hindu adoptions and maintenance act (1956)

Hi,

Does anyone know if Hindu Adoptions and Maintenance Act (1956) and its subsequent amendments apply to NRI couple or not? Can the NRI couple adopt as per HAMA? What if the adopting person is resident Indian and the partner who is giving consent is NRI?

Are there any previous rulings from honorable courts in this respect?

Best Regards,

Kesava

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 15 February 2016

The HAMA has no variation wrt to the nationality of the person as long as they are Hindus . If you are looking to adopt a child who is not an Indian , then the principles of private international law shall apply

Kesava 15 February 2016

Thank you Augustine sir. Does this mean, if the NRI couple are Hindus (of course also Indian citizens living abroad) and child living in India is Hindu and they all satisfy HAMA rules (like age gap between adoptive parents and child, having child of same gender, ...etc), they can adopt?