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Vani   13 February 2016

Hama for woman

Hi,

 

I am a resident Indian and my husband is NRI. We are married in year 2005. Earlier we both were NRIs. But I returned to India 1 year back. My husband visit me a couple of times a year. I want to adopt a child with the consent from my husband. Is it allowed in HAMA act and the subsequent amendments? Anything that I should take care during such an adoption?

 

Best Regards,

Vani



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     13 February 2016

Yes under the Hindu Adoption & Maintenance Act,1956 you being a Hindu married woman can adopt a Hindu child up to the age of 15 years.

You need to go for adoption where the adoption deed is being duly registered by the SDM of your district that will help you for future use as and when required as a proof of being parent of the adopted child.

Vani   13 February 2016

Thanks. HAMA doesn't say anything about NRIs. My husband is still holding NRI status. Is that a problem?

Vijay Raj Mahajan (Advocate)     13 February 2016

HAMA applies to Hindus domiciled in India it does not say anything about NRI or Non-NRI. The wife is Indian Hindu want to adopt the child, she has consent of her husband that is good enough, no one is going to ask if the husband is NRI or Non-NRI, even NRI is a Indian citizen.

Dr J C Vashista (Advocate)     14 February 2016

There is no legal impediment in adoption of child under 15 years of age by you with the consent of your husband, get the adoption deed registered, seek help/services of a local lawyer.


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