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sutapa sarkar   16 July 2018

HAMA act

can a unmarried or divorced single woman adopt a child under HAMA act?


Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     16 July 2018

Yes, single women can adopt child.

Kumar Doab (FIN)     17 July 2018

GO thru before and after amendment :

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956;8

 

THE PERSONAL LAWS (AMENDMENT) ACT, 2010 NO. 30 OF 2010 [31st August, 2010.]

CHAPTER III AMENDMENTS TO THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 3. Substitution of new section for section 8.

 

Kumar Doab (FIN)     17 July 2018

CARA rules;

Eligibility criteria for prospective adoptive parents

  1. The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.
  2. Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-
    1. the consent of both the spouses for the adoption shall be required, in case of a married couple;
    2. a single female can adopt a child of any gender;
    3. a single male shall not be eligible to adopt a girl child;

                No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

                The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:- 

Age of the child

Maximum composite age of prospective adoptive parents (couple)

Maximum age of single prospective adoptive parent

 Upto 4 years

 90 years

 

45 years

Above 4 and upto 8  years

100 years

50 years

Above 8 and upto 18 years

110 years

55 years

 


 

                In case of couple, the composite age of the prospective adoptive parents shall be counted.

                The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years.

                The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.

                Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

CARINGS : Toll Free Help Line No. 1800-11-1311 | Email : carahdesk[dot]wcd[at]nic[dot]in

 

Kumar Doab (FIN)     17 July 2018

Also go thru FAQ;

Frequently Asked Questions (FAQ’s)

Pool the infor from all threads initiated by you and use IT.

By now you should be staisfied that you can adopt.


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