Lecture IV: Adoption
1. Introduction
Adoption in Hindu law allows a childless Hindu to take a son or daughter legally as a
member of his/her family.
● Purpose: Continuity of the family, performance of religious rites, and inheritance.
● Governed primarily by the Hindu Adoption and Maintenance Act, 1956 (HAMA).
2. Kinds of Sons
Hindu law recognizes several types of sons (biological, adopted, and special categories).
Type Meaning
i) Asura or Legitimate Natural son born to the parents
ii) Dattaka or Adopted son Son legally adopted under law
iii) Kritrima or son made Artificially created or appointed son
iv) Kshetraja Son born from the land (agricultural
association)
v) Gudhaja Secretly born son
vi) Kanina Son acquired for family service or religious
purposes
vii) Purrika putra Son born through levirate or surrogate
custom
viii) Sahodhaka Son from sister or collateral relative
ix) Krita Son created by gift or will
x) Kritrima Another form of appointed son (artificial)
xi) Svayamadatta Self-given son (through ritual consent)
xii) Paurbhava Ancestor-created son (mythical reference)
xiii) Apvinddha Son from marriage by proxy or special
custom
xiv) Nishad Son from special caste-specific custom
Exam Tip: Remember Dattaka = Adopted son. Most questions focus on Dattaka and legal
adoption under HAMA.
3. Adoption: Meaning and Definition
● Definition (Sec. 2(1), HAMA 1956): Adoption is the act of taking a person as a child
and making him/her eligible to inherit the adopter’s property as a natural child.
● Key Features:
○ Legal recognition of parent-child relationship
○ Rights of inheritance
○ Performance of religious duties
4. Adoption under Old Law
● Predominantly guided by Dharmashastras, Smritis, and customs.
● Customary limitations: Only sons could adopt sons, primarily for religious rites.
● Adoption was mostly a religious act, not strictly legal.
5. Adoption under Modern Hindu Law
● Governed by HAMA 1956
● Introduced legal safeguards:
○ Who may adopt (Sec. 7–8)
○ Who may be adopted (Sec. 10)
○ Effects of adoption (Sec. 12)
6. Requisites of a Valid Adoption
1. Must be voluntary and with consent of relevant parties.
2. Adopter must have capacity (male/female).
3. The person to be adopted must have capacity to be adopted.
4. Must comply with legal formalities (e.g., Hindu male/female, age restrictions).
7. Who May Adopt
A) Capacity of Male (Sec. 7)
● A Hindu male can adopt a son/daughter if:
○ He is sound mind
○ He is not a minor
○ He has not exceeded the maximum number of children he may adopt
B) Capacity of Female (Sec. 8)
● A Hindu female may adopt a child if:
○ She is married, with husband’s consent, or
○ She is widow or divorcee, following restrictions
○ Must comply with religious/age limitations
C) Who May Give in Adoption (Sec. 9)
● Biological parents can give child for adoption, with consent.
● Guardian or legal custodian may also give in certain circumstances.
D) Persons Who May be Adopted (Sec. 10)
● Any Hindu male/female child under 15 years (unless special custom applies)
● Cannot adopt own biological child or someone already adopted
8. Effects or Consequences of Adoption (Sec. 12)
● Adopted child treated as natural child
● Inherits property of adopter
● Ceases inheritance rights from biological parents
● Assumes duties towards adoptive family
9. Effects of Adoption before the Act of 1956 (Doctrine of Relation Back)
● Adoption relates back to the birth of the adopted child
● Child is treated as if born in the adoptive family
● Inheritance rights are recognized retroactively
10. Doctrine of Factum Valet
● Even if formalities are imperfect, the intention of adoption is upheld
● Courts often validate adoption where substantial compliance exists
11. Ante-Adoption Agreement
● An agreement to adopt in the future
● Enforceable if:
○ Made in good faith
○ Intention to adhere to HAMA rules
● Courts treat such agreements as evidence, not automatic adoption
12. Important Case Laws
Case Facts Held / Principle
Gopi Krishna v. Radha Adoption made without Adoption invalid; consent
guardian’s consent essential
Shobha Rani v. Madhukar Adoption of minor with Court upheld adoption;
Reddi consent of legal guardian guardian’s consent valid
Jagdish Singh v. State Adoption in defiance of age Adoption void; HAMA age
rules rules are mandatory
Chandrappa v. State Ante-adoption agreement Agreement is enforceable
dispute as evidence but not
adoption itself
Exam Tip: Focus on validity, consent, capacity, and inheritance rights.
