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Adoption not limited by religion: Delhi HC

  • Integrity Education, Delhi
  • 09, Aug 2021
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  • The Delhi High Court has declared a Christian couple, both U.S. citizens, as ‘adoptive parents’ to a minor girl born out of Hindu parents while reprimanding them for trying to adopt the child under a wrong law.
  • Christian and Muslim couples could not adopt a Hindu child under the Hindu Adoptions and Maintenance Act (HAMA), as was sought to be done in this case.
  • Personal law of the Hindus recognised adoption.
  • The adoption ceremony known as ‘Datta Homam’, where the biological parents voluntarily surrender and hand over the child to the recipient, following religious ceremonies, is considered sufficient to result in a valid and legal adoption.
  • HAMA is applicable only to Hindus, and any other person who is not a Muslim, Christian, Parsi or Jew by religion.