Can a couple with own offspring, adopt a child

if you are Indian citizens who are Hindus, Jains, Sikhs, or Buddhists then you are governed by the Hindu Adoption and Maintenance Act of 1956.the relevant provisions of this act for you are enumerated as under:-

7       Capacity of a male Hindu to take in adoption

Any male Hindu who is sound mind and is not a minor has the capacity to take a son or a daughter in adoption:

PROVIDED that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Explanation: If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of the them is unnecessary for any of the reasons specified in the preceding proviso.

11      Other conditions for a valid adoption

In every adoption, the following conditions must be complied with:

(i)        if the adoption is of a son, the adoptive father or mother by whom adoption is made must not have a Hindu son,  son's son or son's son's son  (whether by legitimate blood relationship or by  adoption) living at the time of adoption;

(ii)       if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption)living at the time of adoption;

(iii)       if the adoption is by a male and  the person to be adopted is a female, the adoptive father is at least twenty one years older than the person to be adopted;

(iv)      if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty -one years older than the person to be adopted;

(v)       the same child may not be adopted simultaneously by two  or more person;

(vi)      the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth  1[or in case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption:

PROVIDED that the performance of datta homam shall not be essential to the validity of adoption.

so if you are a hindu you can formally adopt a male child as you do not have a biological male child but can not adopt a female child.

Thanks for the information. Yes both my wife and I are Hindus. That would mean as I have a biological girl child, I can adopt only a son.

I would request if anyone can give me some information on authorised organisations from where we can adopt

Thks

You may contact local CHILDLINE or CHILD WELFARE COMMITTEE for adopting a child.

But is there no other way (legal of course) by which I can adopt a girl child, even with having a biological daughter?

I fail to understand the logic behind the tenets of this law. Leaving aside personal choices with regard to whom to adopt - a girl child or a boy - at the present time when our government professes upliftiment of women in our society, protection and nurturing of the girl child, this law actually prohibits a citizen from doing the same. This is unfortunate and a big dampener.

Sec 11(ii) of Hindu Adoption Act will prevent you from adopting another daughter because you already have a biological daughter, your intention is noble and I am sorry that law is standing in between you. But I have a suggestion and would like other members to comment on it or correct me, I think you can bring home that daughter under foster care agreement but she will not get the full rights of a daughter. You will have to discuss it with your family and decide on it.

Dear SNL, I truly appreciate your noble thoughts and concern for the girl child.

Dear SNL, I truly appreciate your noble thoughts and concern for the girl child, but it is the words of the statue that is Supreme and being a Hindu, you can not escape from the law. But yes, the Legistlature needs to look afreash in the said statue.

monica you are right i think evn hindu NRIs can adopt under HAMA as it clearly says that it applies to all hindus

I do agree with Mr. N.K. Assumi. He is absolutely right. Dear Sanjib, carry on with ur path. M always with u as I myself have adopted a daughter even when I have a natural son also. May God bless u n ur family.

Thank you all for the encouragement

Sanjib

By the indian law you cannot adopt a girl as you have your own daughter who is alive. All of your queries will be governed by The Hindu Adoption And Maintenance Act.