Adoption under Hindu Law – Sections 9, 10 and 11 Explained (HAMA Act 1956)
The Hindu Adoptions and Maintenance Act, 1956 (HAMA) lays down clear rules regarding
who can give a child in adoption, who can be adopted and what conditions make an adoption valid
in India. This guide explains Sections 9, 10 and 11 in simple and practical language.
📍 Section 9 – Who Can Give a Child in Adoption?
Only a limited group of people are legally authorised to give a child in adoption:
- Father
- Mother
- Guardian (only in special situations)
Consent between parents
If both parents are alive, both have equal right to give the child in adoption.
However, one parent must take consent of the other unless that parent:
- has completely renounced the world, or
- has ceased to be Hindu, or
- has been declared of unsound mind by a competent court.
When can a guardian give a child in adoption?
A guardian can give a child in adoption only when:
- both parents are dead, or
- both parents have abandoned the child, or
- both parents have been declared to be of unsound mind, or
- the child’s parentage is unknown.
Even in these cases, court permission is mandatory and adoption must be for the welfare of the child.
📍 Section 10 – Who Can Be Adopted?
For a person to be legally eligible for adoption under Hindu law, all the following conditions must be fulfilled:
- The child must be Hindu
- The child must not have already been adopted
- The child must be unmarried (unless a custom allows otherwise)
- The child must be below 15 years of age (unless a valid custom allows adoption above 15)
In most communities there is no opposite custom, therefore children below 15 who are unmarried are normally eligible for adoption.
📍 Section 11 – Conditions for a Valid Adoption
Even if Sections 9 and 10 are satisfied, an adoption becomes valid only when Section 11 conditions are also fulfilled:
Rules when adopting a boy
The adoptive parents must not already have a living Hindu son (or grandson or great grandson in the male line).
Rules when adopting a girl
The adoptive parents must not already have a living Hindu daughter (or son’s daughter).
Mandatory age gap requirement
- If a man adopts a girl, he must be at least 21 years older.
- If a woman adopts a boy, she must be at least 21 years older.
Giving and Taking Ceremony
A valid adoption requires an actual act of giving and taking of the child with the clear intention
to transfer the child from the birth family to the adoptive family. Religious ceremony is not compulsory.
⚖️ Summary of Sections 9, 10 & 11 (Quick Revision)
- Section 9: Who can give the child in adoption (Father / Mother / Guardian with court permission)
- Section 10: Who can be adopted (Hindu, unmarried, below 15, not previously adopted)
- Section 11: When the adoption is valid (no same-gender child living, 21-year age gap rule, giving-taking act)
🔍 Why Understanding These Sections Is Important
Thousands of adoption deeds are rejected every year due to missing legal requirements.
Understanding Sections 9, 10 and 11 helps parents, guardians and lawyers ensure that
the adoption is valid, lawful and enforceable in court.
📌 Need help preparing Adoption Deed?
We assist in drafting and registering legally compliant Adoption Deeds as per
the Hindu Adoptions and Maintenance Act, 1956 including court permission cases.
To get assistance: WhatsApp now → 9953675875
Visit: eRegistryHaryana.in
This post is for legal awareness only. For complicated cases, always consult a lawyer or the competent court.