LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Riya Mittal   07 September 2019

urgent enquiry

if two people are married under special marriage act under which law can they adopt a child?


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 September 2019

Adoption is a process of establishing a parent-child  relationship between persons who are not related by birth. It allows parentless  and orphan children to have parents, home, name and a good life and on the  other hand, it enables childless parents to have a child of their own.

Adoption-by-legal-course ensures irrevocable rights  to both adoptive parents as well as adopted child. In India, there are 3 main  existing legislations i.e.

  •   
  • The  Hindu Adoption and Maintenance Act of 1956 which is  applicable on Hindus, Buddhists, Jains and Sikhs.
  •   
  • The  Guardian and Wards Act of  1890 assist other religions i.e. Muslim, Parsi, Christian and Jews in adoption  as there are no concrete provisions under their personal laws.
  •  
  • The  Juvenile Justice (Care and Protection) Act of  2000, amended in 2010 covers the rehabilitation and social reintegration for  orphan children.

G.L.N. Prasad (Retired employee.)     08 September 2019

The simple answer is once you are married and when your marriage is registered, that marriage is not a deciding factor for adoption, which is under separate Act


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register