We look at adoption as a very sacred exchange. It was not done lightly on either side. I would dedicate my life to this child. -Jamie Lee Curtis
ABSTRACT : In recent years, the views on adoption have changed and it is moving in the direction of being child based and not parent based. A great amount of stress is laid to ensure the well-being of the child in question and as a result of that, various laws have been enacted to oversee adoption process in India. With regard to the present laws, daughters could also be adopted legally. One of the major objectives of government is to ensure full rights and welfare of the children. Article 21 of Indian constitution says that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” Article 21 thus in a way ensures every child to live with dignity. Under Indian law, adoption is a personal act and is governed by the various personal law of different religions. Since time immemorial Hindus have recognized the institution of adoption but Muslims, Christians and Parsi religious laws do not recognize this concept as being recognized under Hindu law.
Different adoption laws prevailing in different religions create an emotional problem. If a non-Hindu wants to adopt a child, they are not given legal representation to call themselves as their parents or claim them as their own child. Thus, there is a cry for need of uniform civil code for adoption. Introduction of uniform civil laws would in no way interfere or violate the fundamental rights to religion. Dpsps in India emphasizes state to bring uniformity in laws. India being signatory to CONVENTION ON THE RIGHTS OF CHILD, such uniformity is necessary to provide proper care and protection to the adopted child. Through enforcement of Hindu adoptions and maintenance act, the position of women in this regard has improved.
Adoption is a legal process of establishing a parent-child relationship between two individuals who are not related by birth. It is an act of a person of taking as his lawful child, a person who is not in fact his child. Adoption is thus transplantation of a child from the family in which he/she is born into another family by way of gift made by her/his natural parents to the adopting parents.Traditionally, adoptions in India were within the families itself and the members of a family came forward to help a childless couple to enjoy the joys of parenthood. In ancient time only the “taking of son” was recognized and daughter was not allowed to be taken in for adoption.Daughter could be adopted only by way of customary law. Five kinds of adopted sons were recognized by the ancient Hindu law, namely Dattaka and kritrima. Dattaka is prevalent throughout India, whereas kritrima form is restricted to few states. In recent years, however, the views on adoption have changed and it is moving in the direction of being child based and not parent based. A great amount of stress is laid to ensure the well-being of the child in question and as a result of that, various laws have been enacted to oversee adoption process in India.With regard to the present laws, daughters could also be adopted legally.One of the major objectives of government is to ensure full rights and welfare of the children. Article 21 of Indian constitution says that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” Article 21 thus in a way ensures every child to live with dignity.
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Why legal adoption? Legal adoption is irreversible and to an extent it provides a security ring for the adopted child. It enables and ensures a status of the child in the adoptive family. A legally adopted child has the full rights to approach the court of law. On the other hand, informal adoptions do not carry any legal enforcement and are infact against the law. Specific guidelines as per the order of the supreme court of India have been laid down by the Central Adoption Resource Authority body in matter relating to adoption in India under the Ministry of Women and Child Development for legal adoption of Indian Children.
Under Indian law, adoption is a personal act and is governed by the various personal law of different religions. Since time immemorial Hindus have recognized the institution of adoption but Muslims, Christians and Parsi religious laws do not recognize this concept as being recognized under Hindu law.
The Guardians and Wards Act, 1890 (GWA): prior to the Juvenile Justice (Care and Protection) Act of 2000, this was the main enactment that permitted non-Hindus to adopt. Nonetheless, it was the first secular law that took into account child adoption in India. The remarkable purposes of this Act are: The parent adopting is a ‘guardian’ and the child is a ‘ward’, meaning that the same rights of a biological child aren’t inherent; (a) a ward can be anyone below the age of 18 (b) the court can revoke the guardianship (c) it is important to have a will for any property to be granted to the child (d) this will can be contested by the blood relatives (e) legally, both the spouses can be the guardian (f) without any age difference restriction, single people can also adopt.
1) Hindu laws-
Only under Hindu law in India, the adopted child is treated equally as a natural born child. The reason for this is mostly because of the belief that a son was indispensable for spiritual as well as material welfare of the family. But it is significant to note here that this role as a ‘deliverer of hell’ was only limited to the son..
HINDU ADOPTION AND MAINTENANCE ACT, 1956 (HAMA)
After independence, the Hindu adoption and maintenance act, 1956 was passed as a part of codifying and modernizing Hindu law. The HAMA only governs Hindus (Buddhists, Jains and Sikhs). The act has no retrospective effect. All the cases involving adoptions before this act are saved from its operation under section 30. Now every adoption shall be made in accordance with provisions of this act. An adoption would be considered void, if it is violating the provisions of this act. Except for Jammu and Kashmir, the act extends to whole India. This act has brought following remarkable changes in Hindu adoption law.
The changes incorporated into the enactment were demanded by progressive section of Hindu society, they were opposed by the orthodox section.
A) Overriding effect of the act-
Any existing law which is inconsistent with this act, whether are ancient texts, customs or legislative enactments are repealed. However the old laws are not completely eradicated by this act.
b) Capacity to take in adoption–
Section 7 and 8 of HAMA deals with the rules as to who can adopt. According to section 7, any male Hindu who is of sound mind and is not a minor, can take a son or a daughter for adoption.The consent of wife is essential for the adoption, if he has a living wife.The consent may be dispensed only if his wife has expired or has ceased to be a Hindu or if she has been declared to be of unsound mind.
Section 8 of the act has laid down the special rights for females to adopt a child. They no longer require any authority to the effect from their deceased husbands, which was necessary under old laws. Unmarried Hindu women also can adopt a child under this act. Following are the requirements which need to be fulfilled if a Hindu women wants to adopt a child (A)- she is of sound mind –(B) she is not a minor (C)– not married (D) – if she is married her marriage has been dissolved (E) – her husband is dead (F) – her husband has renounced the world finally and conclusively (G)– her husband becomes a cover (H) – her husband is declared to be an unsound mind.
Whether adoption is personal or for her husband?Adoption made during the lifetime of a Hindu female’s husband is always taken to be and adoption for the husband as they have the right of adopting only their husbands suffers from any disability. But if a Hindu woman adopts a child before her marriage or after her marital relations have come to an end or the marriage has been declared null or void, then under these conditions any adoption made by her would be personal.
C) Who can give the child in adoption? (Section 9)
1) Traditionally under Hindu law, the primary right to give in adoption was given to the father and mother’s consent was not necessary. But as per the act of 1956, mother’s consent is mandatory for the father to exercise such a right.
2) Minor’s guardians also with court’s prior permission, wherein children’s parent are dead or have become incapable of giving consent can also give the child for adoption.
D) Who could be adopted? (Section 10)
Before the enactment of HAMA there was no uniform law o who could be adopted. Section 10 under HAMA now lays down certain rules-
The child to be adopted must be a Hindu.
The child has not been already adopted.
He or she should not be married unless, there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, in Maya ram v jai narain, the Punjab and Haryana court held the adoption of the married jat boy who was above 15 years of age as valid on the force of customs prevailing in that community.
The child must not be above the age of 15 years
An orphan can also be taken into adoption, provided that the guardian of the orphan has to take the permission of the court for giving in adoption.
Under this act a boy or a girl of unsound mind can also be taken in for legal adoption.
An only son can also be given for adoption.
E) Conditions to a valid adoption (section 11)
1) The person who is adopting must have the capacity and the right to adopt2) the person giving in the adoption has the capacity to do so.3) The child who is to be adopted, must be eligible to be adopted4) the adoption must be made in compliance with the rules mentioned in this act
Other valid conditions required for a valid adoption includes that, firstly, if a son is to be adopted ,the adoptive mother or father by whom the adoption is to be made, must not already have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of the adoption.Secondly, if the adoption is of a daughter, the adoptive father or matter by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of the adoption. Thirdly, if the person to be adopted is a female and is being adopted by a male then the age of the adoptive father should be at least 21 years more than the child to be adopted. Fourthly, if the person to be adopted is a male and is being adopted by a female, then the age of the adoptive mother should be at least 21 years more than the child to be adopted. Fifthly, same child can’t be adopted by more than one person. Sixthly, the child to be adopted must be actually given and take in adoption by the parents or guardian authorised to do so, under their authority with the intent to give the child to the family of adoption.
F) Ceremonies of adoption-
Before 1956, two ceremonies were thought to be vital: (a) the service of giving and taking and (b datta Hama. There was a controversy whether the latter was a required service. Under the advanced Hindu law, only the former ceremony was fundamental. The data Hama is no longer a vital function. (i) Ceremony of giving and taking- this ceremony is performed by the person who gives the adoption and by the one who takes in the adoption or by any other person under the authority of the giver and taker, as the case may be. It is important to note that only the performance of ceremony can be delegated, not the power to give or take in adoption. It should be exercised only by the person who is entitled to give in the adoption and the person who wants to take in the adoption. It seems that no shastric or customary ceremony is necessary (ii) Registration of adoption- Registration of adoption is not mandatory, its upto the parties whether they want to get it registered or not. Under section 16 of Hindu maintenance act, 1956 a registered document of adoption raises a presumption that the adoption has been made in compliance with the provisions of the act. It is presumed by the court that a valid adoption has been made, wherever a registered document of adoption is presented to it, unless disapproved by the plaintiff. It is upon the defendant to prove that the document was explained properly to the plaintiff and there was a good faith in the execution of the document. It is important to have the document being signed by the natural father or else no presumption arises under section 16. If adoption is itself disapproved or when it is shown that the adoption deed was not executed voluntarily, the presumption under section 16 is rebutted. (iii) Proof of adoption – Like any other fact, adoption is also needed to be proved. In absence of a registered adoption deed, adoption must be proved by some cogent evidence.
G) Effect of adoptions– it is being laid down under section 12“an adopted child shall be deemed to be the child of his or her adoptive father or mother for all the purposes with the effect from the date of adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be served and replaced by those created by the adoption in the adoptive family”. After the legal adoption, the adopted child eases to be the child of the natural family. The only bond he has to maintain with his natural family is that he can’t marry anyone from his natural family, whom he could have not married before the adoption. Provision 12(b) lays down that any property vested with the child before the adoption, continues to be vested with such person. Provision 12(c) lays down that the adoptee shall not divest any person of any estate which had vested in him or her prior to such adoption.
The adoption in Hindu law indicates a complete transplantation of the child in the adoptive family. The child not only becomes related to the adoptive parents but to all the relations on the mother’s side as well as father’s side. It has been witnessed that the rights of an adoptive child and the natural child in terms of inheritances exactly the same. The adopted child has the right of collateral succession, both on mother’s and father’s side.
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Muslim personal law doesn’t recognize adoption but in India, a concession in favour of certain Muslims was made and they were permitted to adopt if customs allows it. Adoption being followed under Islamic law is different than the usual form. Kafala is the Islamic term for the adoption.
Adoption is certainly not prohibited. What is unlawful is to attribute one’s adopted child to oneself, as if there is a biological relationship. This is because Islam seeks to safeguard biological lineage and not confuse lineage.
Rules regulating the adoptions in Islamic law- After adoption the child don’t take the surname of the adoptive family and retains the biological family name. b) An adopted child inherits from his or her biological parents, not automatically from the adoptive parents. c) The property given to the child by the biological parents can’t by treated by the adoptive parents as their own property. The Islamic law tries to emphasize that adoptive parents are not taking the place of the biological parents, but are just acting as care takers. Their role is clearly defined and is considered very important and valuable. IN Islam, the extended family network is vast and very strong. Islam places a great emphasis on the ties of kinship — a completely abandoned child is practically unheard of. Islamic law would place an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots. This is especially important during times of war, famine, or economic crisis — when families may be temporarily uprooted or divided.
The only personal law which allows adoption is Hindu adoption and maintenance act, 1956. There are no adoption laws as such governing people belonging to other religions or communities. The Parsis who are governed by part 3 of Indian succession act and marriage and divorce act 1936 don’t have any provision for adoption. However a customary form of adoption known as palak is prevalent among the Parsis. Under this custom a child can be adopted by childless Parsi widow women on the fourth day of her husband’s death, simple for performance of religious ceremonies. This child is not granted any property rights.
CHRISTIAN LAWS –
Christians have no adoption laws and have to reach out to the court under the Guardians and Wards Act, 1890. National Commission on Women has stressed on the need for a uniform adoption law. A child can be adopted by a Christian under the said Act only under foster care. Once a child under foster care becomes major, he is free to break away all his connections. Besides, no legal right of inheritance are given to this child. In the absence of a statutory or customary adoption recognized by courts, foster children are not treated in law as children. On death of the foster parents, their estate is distributed among legal heirs of the intestate, to the detriment of foster children. Christians in India can adopt children by resort to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006 read with the Guidelines and Rules issued by various State Governments.
State level Adoption Advisory Committee should be constituted in every state
in order to promote, implement, supervise and monitor the non-institutional programmes including adoption, foster care and sponsorship at State level. .Powers and functions of these committees should be defined clearly. At least 50% of the membership of the Committee shall necessarily be women of unblemished social image
The Juvenile Justice (Care and Protection) Act of 2000, amended in 2006 (JJ Act)-The Juvenile justice Act is implied mostly for the care and recovery of kids in struggle with the law. There was the requirement for a law that would permit children similar rights, regardless of whether they were adopted or biological. There was likewise the requirement for a law that delinked appropriation from the religion of the adoptive parent(s). The Juvenile justice Act filled this space and a tiny section was added on for adoption. The provision has been expanded by the 2006 amendment act.
(a)a child who is legally free to be adopted, can be adopted by any Indian citizen. (b) The adoptee child will get the same rights as the biological child might get. (c) The religion of the child is not important. (d) single people can adopt (e)it is not possible to revoke adoption (f) in order to ensure that children are considered legally free for adoption earlier, some time limit has been set. It is possible to adopt only in the areas which has juvenile justice board is present. This is an ongoing process, with a majority of states issuing notifications constituting these boards.
The juvenile justice act, 2015-What is remarkable about the direction is that it characterizes procedures related to adoption by relatives, both within the country and abroad. Prior to this, only the procedure for adoption by foreigners was in place. The procedure for adoption by step-parents has additionally been characterized. It will enable adopted children get their right of inheritance. Features-
1)A major guideline identifying with all the adoptions to be enrolled on Child Adoption Resource Information and Guidance System (CARINGS) has been incorporated to guarantee that all adoptions, incorporating into family and relative adoptions, are enlisted with CARA. 2) The scope of children accessible for adoption has been expanded. 3)The age criterion for prospective adoptive parents has been relaxed for relative/in-family adoptions and adoption by step-parents. The limit on eligibility for adoption has been reduced from 4 children to 3. 4) Hence, couples with at least three kids might not be considered for adoption aside from if there is an occurrence of those with unique needs or those difficult to put as specified in directions and for relative adoption and selection by step-parents. 5) Home Study Report underscores the readiness of the guardians and their capacity to support a child in adoption, beyond their immediate need. 6)The District Child Protection Unit (DCPU) has 3 working days to put notice/notice for following the guardians in case the child is received in adoption. 7)Prior, the same was 72 hours. Guardians can show their inclination for the state from which they wish to adopt at the time of registration itself, which will determine their waitlist in that state, for their chosen preference for the gender and age-combination of the child they wish to adopt. Parents can also indicate “All India” if they do not have any specific preference.
Inter country adoption –
As no statutes administer the reception in Parsis, Muslims or Christians, also, there is no statute that manages the adoption of an Indian youngster by outsiders. There is a developing pattern particularly in the Western nations where individuals embrace adoption from the purported underdeveloped nations on humanitarian grounds and give them a chance to carry on with an existence they couldn’t even generally dream of. Inter country adoption additionally runs the genuine danger of transforming into a front for worldwide human trafficking and kid mishandle and misuse. The absence of a statute directing inters country adoption puts the candidates through a considerable measure of hardship. They have to run pillar to post, from the passport office to the courts to the police station. Applicants also have to file a petition for adoption under the Guardians and Wards Act of 1890, where courts grant them guardianship and then they need to adopt the child according to the laws of their own country. Features: (a) A scrutinizing body is appointed by the court to review the application for the adoption. (b) Adopting parents need not come to approve in India for the adoption of a handicapped child. (c) Before placing the child to the foreigners, all efforts should be made to give it to Indian parents. (d) The time period for the adoption procedure should be short.
Shabnam Hashmi v. Union of India and Ors
Issue:Can a child be adopted by a person under juvenile justice act irrespective of religion he or she follows and even if adoption is not permitted by that particular religion?
Facts: The Civil rights activist Mrs. Shabnam Hashmi being a Muslim, for as far back as 8 years, pursued a persistent fight in the court to be lawfully perceived as the parent of her adopted daughter, Seher Hashmi Raza. The Human rights activist took Ms. Raza under her care path in 1996, when she was only one year old. She had been surrendered by her biological parents at a selection home in the capital. Mrs. Hashmi, who had moved toward the apex court to be lawfully perceived as the parent of her adopted daughter, was informed that there is no rule under which non Hindus can adopt. So she got her under the Guardianship and Wards Act, under which they will only have a guardian-ward relationship. But later after a long battle she was granted parental rights, irrespective of the religion she follows, under juvenile justice act 2002. But this decision was opposed by all India Muslim personal board and contended that Islamic law does not recognize an adopted child to be at par with a biological child.Though Kafala system is prevalent for the adoption purpose in Muslim law but the child will not be regarded as child of biological parents.
Judgment: The hon’ble Supreme Court held that juvenile justice act, 2002 as amended on 2006 is a secular law and applies on all including the Muslim and the act has been enacted for the welfare of the children and it enables any person to adopt a child.Thus a Muslim can adopt a child in accordance to the juvenile justice act 2006.
2) Lakshmi Kant pandey v. union of India
Issue: In this case apex court laid down detailed directives for adoption of children by foreigners. In accordance to these directives, guidelines have been issued by ministry of welfare, govt. of India regarding adoption of Indian children by foreigners.
Facts:The petitioner, Lakshmi Kant Pandey lawyer approached the supreme court alleging the malpractices and the neglect on the part of the agencies, facilitating adoption of Indian children to foreign parents. The letter that set the rolling was based on a report published by the mail (from London) which revealed the hundreds of unwanted babies were being transported from the slums of Calcutta to the U.S.A. The letter also revealed the death of a 2 month old baby, who died of dehydration after arriving in New York. Taking note of this, various guidelines were laid down by the apex court regarding inter- country adoptions.
Order: it was held by the court that:
1) Scrutinizing the applications by foreign parents, wishing to adopt should be entrusted with the governmental agencies only. 2) Antecedents of the applicant should be verified. 3) Giving adoption of child before he or she completes the age of three must be preferred. 4) During the first 2 years and half yearly during next 3 years, a progress report of child along with his or her recent photographs should be submitted. 5) A fixed amount should be deposited by the parents to enable the child to be repatriated, if needed. 6) The proceedings on the application should be kept confidential.
But due to issues in implementing these measures by the agencies, further changes and clarifications were made by the supreme court- 1) an expert body, having experience in the area of child welfare should be appointed by the court as the scrutinizing agency. 2)Children who are found abandoned should not be readily assumed to be legally free for adoption. Such children should be produced before the juvenile court so that further enquiries can be made. States in which there is no children act prevalent, children should be referred to the social welfare department. 3) Adopting parents need not come to approve in India for the adoption of a handicapped child. (4) Before placing the child to the foreigners, all efforts should be made to give it to Indian parents.
Again, practical implementation of these guidelines also faced some difficulties, for which some new directions were issued by the court: 1) some amount should be paid to the scrutinizing agencies for the service. 2) Proper procedures to be implemented for prevention of illegal trade of babies.
3) Consolidated list of Indian parents wishing to adopt must be maintained 4) reduce the time limit of the procedure of adoption.5) the limit of reimbursement of expenses incurred by recognized placement agencies to be raised to RS.6000.
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3) Siddaramappa v. Gouravva, AIR 2004 Kant 230
Issue: can a child be adopted by a man without his wife’s consent?
Facts: There was a property dispute where the validity or otherwise, of an alleged adoption formed a core issue. And adoption was alleged to have taken place but without the consent of the wife which is mandatory under section 7 of the Hindu adoption and maintenance act. A plea was taken that the relations between the husband and the wife were strained, and therefore, her consent could not be obtained.
Order: The court did not accept his argument; in fact this plea was rejected by documentary evidence which established that they were living together at the time when the alleged adoption was made. There was nothing to show that it was impossible to have the wife’s consent. Besides, the conditions under which wife’s consent to adoption may be dispensed with are clearly specified in section 7 of the act are: (i) the wife has completely and finally renounced the world (ii) she has ceased to be a Hindu (iii) she has been declared by a court of competent jurisdiction to be of unsound mind.
4) Ranjit singh dhillon v. Punjab school education board
Issue:can school authorities refuse to substitute name of parents of adopted child in the school register merely because of minor discrepancies in adoption papers even though the adoption in duly registered?
Facts: a child was adopted by her material uncle and all formalities were completed and the adoption- deed was duly registered as well. The parents applied to the school for change of name of the parents of the child in the school register. The district education board however refused to change the parents name in the school records on the ground that the name of the biological mother of the child in the admission register was different from the name mentioned in the adoption deed. The parents appealed against this.
Order: the court held that once adoption- deed is registered, the respondent education board has no jurisdiction to doubt the authority of the same. The difference in the name of the mother was convincingly explained, that after marriage, her name was changed by her in- laws as per the custom in the jat families, and the adoptive father who was the real brother of the biological mother of the child, by mistake, mentioned the original maiden name of the child’s mother in the adoption papers. The court observed, “we are of considered opinion that a bonafide mistake can’t be permitted to stand in a way of substantial justice”.
CONCLUSION AND SUGGESTIONS-
It is evident that Hindu adoptions and maintenance act 1956 is the only statute which recognizes adoption in India. The act applies only to Hindus and no specific laws are being laid down for any other religion. Uniform civil code for adoption– In order to give everyone equal treatment, laws prevailing should be same for everyone. Different adoption laws prevailing in different religions create an emotional problem. If a non-Hindu wants to adopt a child, they are not given legal representation to call themselves as their parents or claim them as their own child. Thus, there is a cry for need of uniform civil code for adoption. Introduction of uniform civil laws would in no way interfere or violate the fundamental rights to religion. Dpsps in India emphasizes state to bring uniformity in laws. India being a signatory to CONVENTION ON THE RIGHTS OF CHILD, such uniformity is necessary to provide proper care and protection to the adopted child. Through enforcement of Hindu adoptions and maintenance act, the position of women in this regard has improved. But on the other hand under Muslim and Christian laws, Indians can’t adopt a child legally because of lack of uniform civil laws on adoption. So, if uniform civil code is enacted, women of other religion would also get a chance to adopt children.
One way to avoid conflict would be to give people the option to opt-out of classification based on religion. It should not be mandatory that there should be a set of religious personal laws that govern a person’s life; instead, more laws to ensure basic human rights are the need of the hour. If the Centre is unwilling to move forward, individual states should take the lead. Goa is one state that has shown the way and other states may follow suit.
Adoption agencies assume the most critical part of child adoption. They ought to choose committed and service-oriented staff, having obvious learning of child rising so that they will be able to encourage natural mothering care with affection and love.
1 Banwari Lal Vs. Trilok Chand; AIR 1980 SC 419
2Overview of adoption laws in India,
3 Thiriuthipali Raman Menon v. variangttil palisseri Raman, (1899-1900) 17 IA 23I:
4 Sangitha Krishnamurthy, Adoption law in India, available at: http://www.thealternative.in/society/adoption-law-in-india
5Kusum, Family Law Lectures – Family Law I, Lexis Nexis Butterworths, Wadhwa, Nagpur (2nd edn., 2008)
6 R.K.Agarwala, Hindu law, p.169 (central law agency,Allahbad,1979)
7 In case of his or her conversion such child becomes disqualified to be taken into adoption.
8 Dr. U.P.D. Kesari,modern Hindu law, p. 222 (central law publications,2016)
9 Devgonda patil v. sham gouda patil, AIR 1992 BOM 189
10 B.M. Gandhi, Family law,p.375 (eastern book company ,Lucknow,2012)
11 Lakshman v Rup, AIR 1981 SC 1387
12 Dr. Paras diwan, Family law,p.324 (Allahabad law agency,2013)
13 H.S.Ursekar, law and social welfare, p.239 (Lalvani Pub. House, Bombay, 1973).
15Huda, “Adopting a Child in Islam”, About.com – Islam
17 Meghna sengupta, adoption laws in India
18 Niraj meena, Adoption laws in India: challenging existing law,
19 Sinjini, Legal Framework Governing Adoption Laws in India, available