Adoption: Who's the Parent?
family bar_exam advanced trick_questionA married woman adopts a child from another country, and they return to India. Later, she gets divorced, and her ex-husband claims he's the child's father and wants custody. The adopted child now says she's not interested in meeting her 'adoptive' mother. Who gets custody in this situation?
Most students will say the biological father, but that's where the trap lies. The twist here is that the woman had adopted the child before her marriage. If the child was adopted before her marriage, the Hindu Adoption and Maintenance Act (HAMA) applies, which allows for a single woman to adopt. But if the child was adopted after her marriage, the Hindu Adoption and Customary Law (Special Provisions) Act, 1956, kicks in, making the husband a co-parent. The answer depends on when the adoption took place, making it a tricky question.
3 Comments
Maine padhai kiya hai adoption ke adhikar par. Meri khoya hai, jo kuchh vishesh bhi hai. Adoptive parents ko kya koi "jaisi" parent manti hai, ya phir yeh sahi hai ki adoptee unki asli maa/baap hoti hai? Meri nazar mein, woh koi "mumkin" parent hai jo har cheez se adoptee ko pyar aur samarthan deta hai.
Bhai, adoption ke case me, legal parentality ke baavjood, biological parents ko still property rights milte hain, lekin court ke under property ke transfer se pehle, adoptive parents ko notice diya ja sakta hai. Lekin iske baavjood, adopted bachchon ko legal heir status milega. Adoption ke process ko samjhaane ke liye, main aapko example de sakta hoon. Abhi discuss karte hai, kya aapke man me koi sawal hain?
Mujhe lagta hai ki adoption ke baad bhi biological parents ka adhikar banti rahta hai. Adoption Act 1956 mein bhi iske liye khatam karne ke liye naya kanoon nahi aaya hai. Jab tak yeh naya kanoon nhi aaya, to biological parents ka adhikar pura rahta hai, na ki jaanwaron ke saman adoption ke baad bachcha uska ho jata hai.