Adoption not limited by religion: Delhi HC

• Integrity Education, Delhi
• 09, Aug 2021

• 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.