What Is the Hindu Adoptions and Maintenance Act, 1956? Who Can Adopt, Who Can Be Adopted, and What Courts Decide
Date Published
Before 1956, adoption among Hindus was governed by custom, scripture, and case law that varied wildly from region to region. A Shudra could not adopt under some authorities; certain ceremonies were mandatory under others. The Hindu Adoptions and Maintenance Act, 1956 (HAMA) replaced this uncertain mosaic with a clear statutory code. If you are preparing for the Civil Judge exam or PCS J exam, HAMA is one of the core family law statutes you must know in detail.
This blog covers who can adopt, who can be given in adoption, conditions for a valid adoption, the effects of adoption, and the maintenance provisions in the same Act.
To Whom Does HAMA Apply?
HAMA applies to Hindus, Buddhists, Jains, and Sikhs. It also applies to any person who is not a Muslim, Christian, Parsi, or Jew by religion, provided they are not governed by a personal law statute of their own. An adoption made contrary to the Act is void and confers no rights on the adopted child. Section 4 gives the Act overriding effect over prior custom and usage.
Section 7: Capacity of a Male Hindu to Adopt
A Hindu male of sound mind who has attained majority can adopt. If he has a living wife, her consent is mandatory. Where he has more than one wife, the consent of all wives is required. The consent requirement is dispensed with only if the wife has:
● Completely and finally renounced the world.
● Ceased to be a Hindu.
● Been declared of unsound mind by a competent court.
● Died.
An unmarried Hindu male can adopt independently.
Section 8: Capacity of a Female Hindu to Adopt
Before the 2010 amendment, a Hindu woman could not adopt independently during the subsistence of a marriage. The 2010 amendment to Section 8 gave unmarried, widowed, and divorced Hindu women an independent right to adopt. A married woman can adopt with the consent of her husband, and similar dispensation grounds apply as under Section 7.
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Section 9: Who Can Give a Child in Adoption
The father of the child has the primary right to give the child in adoption, but only with the consent of the mother — unless the mother has renounced the world, ceased to be Hindu, or been declared of unsound mind.
The mother can give in adoption if the father is dead, has completely renounced the world, has ceased to be Hindu, or has been declared of unsound mind.
A guardian (court-appointed or otherwise) can give a child in adoption with the prior permission of the court — on specified grounds, including the welfare of the child.
Section 10: Who Can Be Adopted
The child to be adopted must satisfy four conditions:
● The child must be a Hindu.
● The child must not have been previously adopted.
● The child must be unmarried — unless custom or usage applicable to the parties permits the adoption of a married person.
● The child must not have completed 15 years of age — unless custom or usage permits adoption of persons who have completed 15 years.
Section 11: Additional Conditions for a Valid Adoption
Even where capacity exists and the child satisfies Section 10, Section 11 imposes further conditions:
● If adopting a son: the adoptive parent must not have a living son, grandson, or great-grandson (legitimate, illegitimate, or adopted) at the time of adoption.
● If adopting a daughter: the adoptive parent must not have a living daughter or son's daughter at the time of adoption.
● If a male is adopting a female child: the adoptive father must be at least 21 years older than the child.
● If a female is adopting a male child: the adoptive mother must be at least 21 years older than the child.
● The same child cannot be adopted simultaneously by two or more persons.
● The child must be actually given and taken in adoption — the physical transfer of the child from one family to the other is required. The ceremony of datta homam is not mandatory, but the physical giving and taking must occur.
Section 12: Effects of Adoption
Once adopted, the child becomes the child of the adoptive parents for all purposes with effect from the date of adoption. All ties of the child to their biological family are severed — except that the child cannot marry any person whom they could not have married before the adoption (i.e., prohibited degrees of relationship from the biological family survive).
Section 15: A valid adoption cannot be cancelled or revoked by either the adoptive parent or the adopted child. It is final and irrevocable once validly completed.
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Section 16: Presumption for Registered Adoptions
Where an adoption is recorded in a registered document signed by the giving and taking parties, there is a presumption that the adoption was made in compliance with the Act unless the contrary is proved. This presumption is rebuttable. Registration is not compulsory but is strongly advisable.
Section 17: Prohibition on Payment
No person can receive or agree to receive any payment or reward in consideration for giving or taking a child in adoption. Violation is punishable with imprisonment up to 6 months, or fine, or both.
Part II: Maintenance Under HAMA
HAMA is also the governing statute for maintenance rights among Hindus — separate from the maintenance provisions in the Special Marriage Act or Section 125 CrPC.
Section 18: Wife's Right to Maintenance
A Hindu wife is entitled to maintenance from her husband throughout her lifetime. She can live separately from her husband and still claim maintenance if his conduct justifies it — grounds include desertion, cruelty, leprosy, another wife or concubine in the same house, conversion, or any other cause justifying living separately.
Section 19: Widowed Daughter-in-Law
A widowed daughter-in-law is entitled to maintenance from the estate of her father-in-law if she is unable to maintain herself from her own earnings or property, and if she has no property of her own, or from her husband's estate, or from her children.
Section 20: Children and Aged Parents
A Hindu is bound to maintain his or her legitimate and illegitimate minor children and aged or infirm parents who are unable to maintain themselves. Unmarried daughters are entitled to maintenance until they are married.
Section 23: Quantum of Maintenance
The court determines the amount of maintenance considering the position and status of the parties, the claimant's reasonable wants, whether the claimant is living separately and if so whether the cause is justified, the number of persons entitled to maintenance, and the income and property of the person bound to pay.
How Courts Apply HAMA
The Act is applied by family courts and civil courts across India. Key judicial principles include: the welfare of the child is paramount in adoption disputes; the actual giving and taking of the child is a mandatory element of a valid adoption; the consent of the mother is not just procedural but substantive; and the prohibition on payment is strictly enforced.
For the Civil Judge exam and PCS J exam, Section 6 (the four requisites of a valid adoption), Sections 7, 8, 10, 11, and 12 are the most-examined sections.
Frequently Asked Questions
Q1. What is the Hindu Adoptions and Maintenance Act, 1956?
HAMA is the statute that codifies and regulates adoption and maintenance among Hindus, Buddhists, Jains, and Sikhs in India. Enacted in 1956 as part of the Hindu Code Bills, it replaced uncertain customary law with a uniform statutory framework.
Q2. Can a married Hindu woman adopt independently?
After the 2010 amendment to Section 8, a married Hindu woman can adopt with the consent of her husband. An unmarried, widowed, or divorced Hindu woman can adopt independently.
Q3. Can a Hindu man adopt a child without his wife's consent?
No. Under Section 7, the consent of a living wife is mandatory. If there are multiple wives, all must consent. Consent can be dispensed with only if the wife has renounced the world, ceased to be Hindu, been declared of unsound mind, or has died.
Q4. What age must the child be for adoption under HAMA?
Under Section 10, the child must not have completed 15 years of age. An unmarried child is required. Exceptions exist where custom or usage permits adoption of older or married persons.
Q5. Can the same child be adopted by more than one person simultaneously?
No. Section 11(v) expressly prohibits simultaneous adoption of the same child by two or more persons.
Q6. What is the effect of adoption under Section 12?
The adopted child becomes the child of the adoptive parents for all purposes from the date of adoption. All ties with the biological family are severed except for the prohibited degrees of relationship from the biological family, which survive for the purpose of marriage prohibitions.
Q7. Is the datta homam ceremony mandatory under HAMA?
No. Under Section 11(vi), the actual physical giving and taking of the child is mandatory, but the traditional ceremony of datta homam is not required for a valid adoption under HAMA.
Q8. Can a valid adoption be cancelled?
No. Section 15 makes a valid adoption final and irrevocable. Neither the adoptive parent nor the adopted child can cancel or revoke it.
Q9. Does HAMA apply to non-Hindus?
No. HAMA applies only to Hindus, Buddhists, Jains, Sikhs, and others not governed by their own personal law statute. For persons from other religions wishing to adopt, the Juvenile Justice (Care and Protection of Children) Act, 2015 provides a religion-neutral adoption framework.
Q10. Under Section 18, when can a Hindu wife live separately and still claim maintenance?
A Hindu wife can live separately from her husband and claim maintenance if: the husband is guilty of desertion, cruelty, leprosy, has another wife living, keeps a concubine in the same house, has converted to another religion, or any other cause that justifies living separately. The wife's own unchastity disentitles her from maintenance.
Conclusion
HAMA is both a family law statute and a welfare legislation. Its adoption provisions balance the rights of biological parents, adoptive parents, and the child. Its maintenance provisions protect women and dependants who lack financial independence. For Civil Judge exam preparation, knowing the exact section-wise requirements — especially Sections 6, 7, 8, 10, 11, and 12 on adoption, and Sections 18 to 23 on maintenance — is non-negotiable.
At Aashayein Judiciary, Nitesh Sir covers family law — HAMA, HSA, HMA, and related statutes — with section-by-section notes, case law, and PYQ analysis. Explore our Judiciary Notes, Online Judiciary Coaching, and Mock Test series to build a complete foundation in Hindu law.