Adoption and indian society

Adoption and indian society Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Adoption and indian society Adoption provides a very important function in Indian society. India has long tradition of child adoption. In older days, it was restricted within the family and was covered by social and religious practices. But with the changing times, adoption beyond the contour of family has been institutionalized and legalized. Adoption is the institutionalized practice through which an individual belonging by birth to one kinship group acquires new kinship ties that are socially and legally defines as equivalent to the congenital ties. These new ties supersede the old ones either wholly or in part.   [ 1 ]    To protect abandoned and destitute children, goal is to find a family for as many orphan children as possible and to safeguard their interest as visualized in the UN Convention on child rights and Hague Convention on Inter country adoption ratified by India government. One of the motivations to adopt a child could be a desire to give a home to a child who needs one, wanting a child of the other gender, or for the welfare of the destitute and abandon child.   [ 2 ]    The dictionary meaning of the term ‘adoption’ is the act of taking and rearing of the child of other’s parents as one’s own child. Attitudes and laws regarding adoption vary greatly. Not all cultures have the concept of adoption. One of the biggest examples is Adoption is permitted amongst Hindus under statute. The fact that adoption means legal affiliation of a child, it is subject of personal law. The attempt to bring in the concept of secular adoption has gone into vain several times. Article 44 of the Constitution declares that ‘The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.’ In the year 1972, the Adoption of Children Bill was not approved as the Muslims opposed it. Then again in year 1980 a similar attempt was made to bring in all communities under one regulator y body except the Muslims that too was opposed. The enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000 is definitely a significant effort of the legislature towards recognition of adoption of orphan, abandoned and surrendered children by people irrespective of their religious status. This has been a major leap forward. This paper deals with a comparative study of adoption under Hindu law and Muslim law and various other aspects relating to adoption. To expand a family, adoption is the most basic reason that stimulates the desire in individuals to adopt a child provided that parents cannot bear a child owing to some reasons. Most common requirement in order to adopt a child is that a person should be a major and of sound mind. In order to adopt a child under Guardianship and Wards Act, 1890, guardian who is appointed to a child, the age of majority is 21 years. Position Under Hindu Law Hindus are allowed to legally adopt a child. Other communities could onl y act as legal guardians of the children. Under Shastric Hindu Law, two main aim of adoption are as follows: