Hindu Adoption and Maintenance Act vs Juvenile Justice Act: Legal Framework

(HAMA) 1956:

The Hindu Adoption and Maintenance Act (HAMA) 1956 and the Juvenile Justice (Care and Protection of Children) Act 2015 are the two main laws that govern adoption in India. Adoptive parents-to-be need to know about these two methods in order to understand how the formal process of adopting a child works.

Hindu Personal Law:

Adoptions within Hindu families are regulated by HAMA. This includes Buddhists, Sikhs, Jains, and other groups that follow Hindu personal law. This traditional system lets Hindu families adopt each other directly, without the government or CARA getting involved. HAMA says that adoption creates full parent-child relationships with religious duties and the right to receive.

Family-Based Adoptions:

Important parts of the HAMA say that adopted parents must be Hindu and able to take care of their children. The Act only lets Hindu children be adopted, and certain rites and practices are needed to finish the formal process. The age limits in the JJ Act are very different from those in the HAMA. For family-based adoptions, the JJ Act is usually more open.

Nonreligious Adoption System:

The Juvenile Justice Act 2015 sets up a court-supervised, nonreligious adoption system that can be used by people of all faiths and groups. This system requires CARA registration, home studies, and court review to make sure that the safety of children is always the top priority. Adoptions under the JJ Act make the same formal ties, but they require more thorough screening steps.

The JJ Act:

The JJ Act has many benefits, such as thorough screenings, therapy, and tracking after adoption to make sure the matches work out.

- The system keeps thorough records, gives ongoing help, and provides ways to get help if problems appear.

- This system helps abandoned, orphaned, or lost children who need state safety the most.

- Which structure to use relies on the family's needs, faith beliefs, and parenting choices.

- Hindu families may like HAMA's traditional method better, while JJ Act processes are better for those who want a full range of support systems.

- Both make parent-child relationships legally binding and give both parents and children similar property rights and family status recognition.

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