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Inheritance Rights of a Legally Adopted Child

Adoption is a contentious issue in India, whereby each child has the right to be adopted. Due to the country’s vast population, many children are forced into orphanages because of family difficulties. Adoption is legal and should be done with the approval of the child welfare committee to ensure easy insurance claims management.

Adoption is a complex process. There are a lot of people and authorities involved in becoming a parent, and as a result, there are a lot of questions. The road to parenthood may be long and winding. Let’s discuss adoption regulations and the rights of both prospective and adoptive parents. 

Conditions for Adoption

Before we get into property rights and insurance claim management, let’s look at the adoption requirements that must be met for the child to inherit from his adoptive parents.

According to Hindu law, a child can be adopted if he or she is under the age of 15, has never been adopted before, and is unmarried. Other religions are not in the same boat. Adoption is not legislated in Islam, Christianity, or among Parsis. As a result, if they want to adopt a kid, they must follow the Guardians and Wards Act of 1890 and assume guardianship of the child.

Children who are not Hindu, are unmarried, are minors, are orphans, or are abandoned can be adopted under the Guardianship Law and Juvenile Justice Act, 2015.

What is meant by a “valid adoption”?

  • The Hindu Adoptions and Maintenance Act of 1956 regulates the Hindu law on adoption and states that adoption should be done in accordance with the Act’s regulations. Therefore, any adoption made in violation of the stated provisions is null and invalid.
  • Adoptions performed before 1956 in accordance with Hindu law are legal under Section 5 of the Act.

What is the stance of Hindu law on adoption?

The Hindu Adoption and Maintenance Act, 1956 legalizes and defines adoption in India. It reminds parents to treat their adopted children as if they were their natural offspring, with no distinction made between adoptive and natural children. 

According to Section 8 of the Hindu Succession Act, 1956, assets descend to Class I heirs. If the adopter has no other biological sons, the adopted son receives the entire inheritance.

Exceptions to this rule include: 

If an heir is disqualified due to a mental illness or other similar condition, his adopted son and the rest of the family are presumed to have no right to inherit the asset. The adopted son receives only maintenance.

Rights of an adopted child on the property

Adopted children, like biological children, have the right to claim ownership of their adoptive parents’ possessions.

Following adoption, the child loses the right to claim his or her natural parents’ property or the co-parental property associated with it, according to the Hindu Adoptions and Maintenance Act of 1956. On the other hand, biological parents can voluntarily leave such assets or a portion of them to the children.

Conclusion

Adoption is a wonderful journey that benefits both the child and the parents. The law suggests that we should not distinguish between natural and adopted children, which should be reflected in the inheritance of property and estate. EasyInherit facilitates seamless and quick management of property and insurance claims.

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