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.