Hindu Law provides highly detailed, statutory regulations governing adoption and natural guardianship to safeguard the interests of minor children.
1. Codified Adoption: HAMA, 1956
Under Section 6 of the Hindu Adoptions and Maintenance Act, 1956, a valid adoption requires:
- The person adopting has the capacity and right to do so (Section 7/8 - major, sound mind; married persons require spouse consent).
- The person giving in adoption has the capacity (Section 9 - father, mother, or guardian).
- The child is capable of being adopted (Section 10 - must be a Hindu, not already adopted, unmarried, and under 15 years of age).
- Compliance with other rules (Section 11 - no existing son if adopting a boy; no existing daughter if adopting a girl; age gap of at least 21 years if adopting a child of the opposite sex).
2. Minority and Guardianship: HMGA, 1956
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardians of a minor are:
- For a boy or unmarried girl: the Father, and after him, the Mother (provided the custody of a child under 5 years shall ordinarily remain with the mother).
- For an illegitimate child: the Mother, and after her, the Father.
The Supreme Court interpreted the words "after him" in Section 6 to mean "in the absence of" (due to death, illness, indifference, or agreement), establishing that a mother can act as a natural guardian even during the father's lifetime.
Paramount Welfare (Section 13): In appointing any guardian, the welfare of the minor shall be the paramount consideration for courts, overriding any personal law defaults.