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Definition of Adoption
Transplantation of child from the family of
his natural parents to another family by
mutual consent of adopting parents and
natural parents
Effects of adoption
The adopted child becomes a part of the adoptive family
for all purposes with effect from the date of adoption and
all ties with family of birth are severed except 1. the child cannot marry a person whom he or she could
not have married, if he or she had continued in the family
of birth
2. any property vested in the child before adoption shall
continue to vest along with the obligations attached to
ownership including obligation to maintain relatives
3. the adopted child shall not divest any person of any
estate which vested in him or her before adoption
Attestation
Deed must be executed by giver as well
as receiver and must be clearly attested
as bond
Registration
Section 16 of Hindu Adoption and
Maintenance Act 1956 requires
registration of the adoption deed
Stamp duty is also chargeable on
adoption deeds under Article 3 Schedule1
of Indian Stamp Act
It
is
a
well-settled
principle
of
Jurisprudence that when there is a general
and specific law on the same aspect of
law, the latter has precedence over the
former. Consequently, the Juvenile Justice
Act is rendered fruitless and ineffective by
the very presence of Hindu Adoptions and
Maintenance Act, 1956, in case of
Hindus.
The
Muslims
challenge
the
constitutionality of the provision (section
41 of the Juvenile Justice (Care and
Protection of Children) Act, 2000) per se,
since the concept of adoption runs
contrary to the injunctions of the Holy
Koran.