The coding of the Hindu Law of Adoption was based on religious and secular factors. It was common to adopt a male child as it was necessary among the Hindus to provide an heir, mainly for the sake of performing religious rites and the ceremonies for the dead parent. It was also for the continuation of a lineage. According to the sastras, only a male could perform these rites.
It is interesting to note here that in Tamil Nadu the custom of adopting a female child was prevalent in the Devadasi Community. Under the present Act, any adult woman, unmarried, widowed or divorced is given the right to adopt a child. A married man cannot adopt without the consent of his wife, while a minor does not have the right to adopt. A boy or a girl who has passed the age of fifteen cannot be adopted.
A boy or girl who is married cannot be adopted. There is no restriction in adoption on caste basis. There should be an age difference of twenty one years between the adopter and the adopted if they are of different sexes. 'Dattahavan' which was a religious ceremony for adoption is no longer compulsory. If a person has a son of his own, he cannot adopt a boy. Similarly, if a person has a daughter of his own, he cannot adopt a girl child. The same child cannot be adopted simultaneously by two or more persons.
Effect of Adoption :
The child is deemed to be the son or daughter of the adopted parent.
His relation to his biological parent is severed.
Any property which belongs to the adopted child, before his adoption, will continue to be his.
Inspite of severance of status from the family of his birth, he still cannot marry any person belonging to that family.
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