Will Adoption Of A Child Change The World?

Adopting One Child Won’t Change The World: But For That Child, The World Will Chan

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What Is Adoption?

In its simplest of senses, adoption is a process whereby a person assumes the parenting for another and, in doing so, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents.

My Name Is Abdul Rahman, I Am A Muslim By Religion, Can I Adopt A Muslim Child?

Adoption is not permitted in the personal laws of Muslims, Christians, Parsis, and Jews in India. So, you can’t adopt a child, if you are a Muslim. If you are very keen to do so, it can be guardianship of a child through the Guardians and Wards Act, 1890.

I Am Hindu, Can I Adopt A Child?

Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956 that was enacted in India as a part of the Hindu Code Bills. It brought about a few reforms that liberalized the institution of adoption.

I Am A Hindu, Citizen Of A Foreign Country, Can I Adopt A Hindu Child From India?

Yes, in India, Inter-country adoption is allowed.  Inter-country adoption is the process by which you –

1. Adopt a child from a country other than your own through permanent legal means; and

2. Bring that child to your country of residence to live with you permanently.

Inter-country adoption is similar to domestic adoption.  Both consist of the legal transfer of parental rights and responsibilities from a child’s birth parent(s) or another guardian to a new parent or parents.

Child Custody

The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child.

Where Does A Minor Child Go After A Divorce?

The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, however, is a question which the court decides upon? While the statutes are conflicting when it comes to personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of competent jurisdiction strives to strike a balance between the two, all the while holding the welfare of the child as the paramount importance.

Types Of Child Custody Arrangements In India

Primarily, a court of competent jurisdiction in India orders the custody of a child in the following three forms –

1) Physical Custody

2) Joint Custody

3) Legal Custody

The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them.

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