LEGITIMACY,

ACKNOWLEDGMENT AND
ADOPTION UNDER DIFFERENT
PERSONAL LAWS

SUBMITTED BY
HANERI
LL.M (S/F)
3RD SEM
ROLL NO. 21MLW1008
SYNOPSIS
1. Legitimacy under Muslim Law
• Maternity
• Paternity
• Legitimacy
• Illegitimacy
• Section 112 of Indian Evidence Act 1872
• Children of Muta Marriage
• Difference between Evidence Act and Muslim Law
• Rights of illegitimate child under Muslim Law
- Right of maintenance
- Right of inheritance
 synopsis
- Right of guardianship
2. Legitimacy under Christian law
• Rights of illegitimate child under Christian law
- right of maintenance
- right of inheritance
- right if guardianship
3. ADOPTION under Muslim Law
 The Shariat Act, 1937
4. Adoption under Christian Law
5. Adoption under Parsi Law
6. Adoption under Hindu Law
 Rules under old Hindu Law
 Statutory enactments
synopsis
 Hindu Adoption and Maintenance Act, 1956
- Personal Law (Amendment) Act, 2010
- Widow’s Right to Adopt
- Adoption by proxy
 Juvenile Justice (Care And Protection of Children) Act, 2015
7. ACKNOWLEDGMENT under Muslim Law
• Legal implications
 For the child
 For the mother
 For the father
8. Acknowledgment under Parsi and Christian Law
9. Difference between Adoption and Acknowledgment
LEGITIMACY UNDER MUSLIM LAW

 Parentage is the relationship between child and parents when one

person is deemed in law to be the father or mother of another ,paternity
or maternity or the later is said to be established in the former. Its is
divided into two parts :
[1] maternity
[2] paternity
MATERNITY
 Maternity is the legal relations between child and the mother.
In Muslim law, maternity of a child is established in the
woman who gives birth to the child irrespective of the fact
whether she is the offspring of zina. Thus, it is the actual birth
of the child which determines maternity. The woman who
gives birth to the child is its mother.
 In Sunnis maternity lies to the mother who gave birth to the
child irrespective of the child being legitimate or illegitimate.
Child inherit property from mother only .
 In Shias ,maternity lies to the mother who gave birth to the
legitimate child. Child have the right of inheritance from both
the parents. An illegitimate child has neither maternity nor
paternity in the father who begot it. Illegitimate child can
inherit neither from father nor mother.
PATERNITY
 Paternity is the legal relationship between the man and the child which
come into existence when the child is born within the lawful wedlock,
i.e to the woman who is his wife .
 The marriage of the man with the mother of the child may be sahih
[valid] or fasid [irregular]. But if the marriage is void, no father –child
relationship comes into existence.
 Similarly ,if the man commits zina with the mother of the child, then
the child has no legal relationship with him i.e he will not be
considered to be the father of the child. There are two ways of
establishing parentage:
 [1]by birth during regular marriage ;and
 [2] by acknowledgement of paternity
Muslims

 Acknowledgment is one of the method of declaring or proving the

paternity of the child. Acknowledgement is an admission of a paternity
under section 21 of Indian Evidence Act ,1872 and the court will take
such acknowledgement to be a relevant fact in the proof of paternity of
the child.
 An issue of void marriage has neither paternity nor maternity under
Shia law. A bastard is a filius nullius i.e a relation of none.
 Under Sunni law an illegitimate child has only maternity and no
paternity ,i.e the ‘maternity ‘and ‘paternity’ of a child begotten in
consequence of adultery merge together in the mother of child .
LEGITIMACY
 Legitimacy of a child that is the father-child relationship is entirely
based on the lawfulness of the wedlock between its both parents . In
the case Habibur Rahman Chowdhari v Altaf Ali Chowdhari [1921] the
Privy Council held:
 “By the Mohammendan law, a son to be legitimate must be the
offspring of a man and his wife or of a man and his slave ;any other
offspring is the offspring of zina , that is , illicit connection ;and cannot
be legitimate .The term ‘wife’ necessarily connotes marriage, but as
marriage may be constituted without any ceremony ; the existence of
marriage in any particular case may be an open question. Direct proof
may be available, but there may be no such proof, indirect proof is by
an acknowledgement of legitimacy in favour of a son “.
Continued..
 Thus, marriage between the parents of the child may be established by:

[1] by birth during regular marriage [not void marriage ]; or

[2] indirect proof of marriage may arise;
[A] by the presumption of prolonged and continuous cohabitation or
[B] by acknowledgement of the child as one’s legitimate child .

 According to Muslim law, the rules with regard to presumption of

legitimacy are as follows:
1. A child born within less than 6 months after the marriage is illegitimate
unless the father acknowledges it.
2. A child born after six months from the date of marriage is presumed to be
legitimate , unless the putative father disclaims it by Lian (false
accusations of adultery and unchastity).
Continued…
3.A child born after dissolution of the marriage is legitimate
[a] under Shia law, if born within 10 lunar months ,
[b] under Hanafi law , if born within 2 lunar years
[c] under Shafei and Maliki laws, if born within 4 lunar years .

 Legitimacy is the fact of a child being legitimate under the Muslim law.
It is the status of a child resulting from certain facts about the
relationship between his parents. If legitimacy of a child is in doubt but
nor disproved, acknowledgement whether express or implied of its
father confers upon it is the status of legitimacy. If a child is proved to
be illegitimate , no acknowledgement can legitimise it. Hence,
acknowledgment is a mere declaration of the child’s legitimacy- a
status which it has always had since birth.
 Legitimation is a process to confer legitimacy upon one who was never
legitimate child. Legitimation is unknown to the Islamic law.
ILLEGITIMACY
 Under Muslim law, an illegitimate child is a filius nullius
owing no nasab to either parent. The Shias are of the view that
an illegitimate child i.e a child born outside the lawful wedlock
is related neither to the father nor to the mother. The Hanafis
do not take the same stand and adopt the view that an
illegitimate child for certain purposes, such as for weaning and
nourishment, is related to the mother. For those purposes, the
Hanafi law confers some rights on its mother.
 Muslim law does not confers any obligation of maintenance of
illegitimate children on either parents though the Hanafis
recognize the obligation of nurture till the child attains the age
of seven .The Shias do not recognize even this obligation.
SECTION 112 OF INDIAN EVIDENCE ACT,
1872
 Section 112 of Indian Evidence Act, 1872 lays down the
provision regarding birth during marriage is the conclusive
proof of legitimacy.
 If a child is born during the continuance of a valid marriage
between his mother and any man or within 280 days after its
dissolution and the mother remaining unmarried, shall be the
conclusive proof that he is the legitimate son of that man
unless the parties to the marriage shows that they had no
access to each other at any time when he could have been
begotten.
 Now, the question arises does section 112 supersede the
rules of presumption of Muslim law?
• In Sibt.Mohhamad v Mohamed,1926 AIR 589, the Allahabad
High Court has held that the section 112 of IEA, 1872
supersedes the rule of Muslim Law. The Lahore High Court
took the same view in Rahim Bibi v Chiragdin, 1931 Lah 97.

• Under the English Common Law, a child of voidable marriage

on its annulment became illegitimate retrospectively, but
under Muslim Law, even when an irregular marriage
terminates any child born of such marriage remains
legitimate.

• The Muslims considered the children of void marriage alone

as illegitimate. Hence, the provisions of section 112 is
applicable only in the case of a valid marriage.
CHILDREN OF MUTA
MARRIAGE
Muta marriage is a kind of “temporary marriage” recognised
only in the Ithna Ashria Shia School of Muslim Law. The term
muta implies ‘enjoyment’. A male Shia Muslim may contact
muta marriage with a Muslim, Christian, Jewish or a fire –
worshipping woman but not with the follower of any other
religion. Muta marriage with a Hindu woman is void. A female
Shia is not free to contract muta with a non-Muslim.
 The children born out of such muta marriage are legitimate
and have the right of inheritance from both the parents.
 In Shohrat Singh v Jafri Bibi [1951] 17 Bom, in absence of
evidence the term of muta may be treated as extended for the
period over which cohabitation continues and the issues born
after the term of muta are legitimate and entitled to inherit
from both the parents.
DIFFERNCE BETWEEN EVIDENCE
ACT AND MUSLIM LAW

Evidence Act Muslim Law

 A child will be presumed to  A child should not only be born

be legitimate even if it is born but be conceived during valid
the next day after the marriage.
marriage unless it is shown  A child born within 2 years after
that its parents could not have termination of marriage would
access to each other when it be legitimate according to
could have been begotten. Hanafi rule.
 The case will be governed by  A child born after 6 months from
section 114. (presumption) the date of marriage but within
280 days of the termination of
 Proof of non-access to rebut the marriage is legitimate under
the presumption. either system, subject to lian.
RIGHTS OF ILLEGITIMATE CHILD
UNDER MUSLIM LAW

1. RIGHT OF MAINTENANCE: In Muslim law, children from

cohabitation only between husband and wife or husband and slave
are considered as legitimate. And those children who are born
outside the purview of these two scenarios are considered as the
son of ‘zina’ and hence they have no right to maintenance. But in
Hanafis they can claim maintenance till the age of 7 years.
(NAFEES ARA V ASIF SADAT ALI KHAN,1963 CRILJ 394).
2. RIGHT OF INHERITANCE : An illegitimate child cannot
claim inheritance over the property of a putative father in any
school, but it varies in case of claim over mother’s property.

In Hanafis, the illegitimate son and his mother have co-existing

inheritance right over each other’s property and that son also
claim right of inheritance from the relatives as well as with whom
that child is related through mother.

But in Shia law, the illegitimate child has no right of

inheritance on his /her parent’s property as they are treated as the
son of “zina”. Thus, they can claim inheritance over their
mothers’ property in some cases, but such right do not extend
upto property belonging to the putative father.
3. RIGHT OF HAVING A LEGAL GUARDIAN:

• If the child is legitimate, then the father is the natural guardian

of that child and the mother has only custodial rights i.e
hizanat until the minor son becomes 7 years old or daughter
hits her age of puberty.
• An illegitimate child under Muslim law is treated as filius
nullius [child of nobody], the mother still holds the custodial
rights.
• However, it has been held through judicial decisions that the
mother is a natural guardian of an illegitimate child and it can
extend up to a limit that she can even file a writ of habeas
corpus if someone is withholding the child from the custody of
his /her mother as it was held in GOHAR BEGUM V SUGGI
ALIAS NAZMA BEGUM, AIR 1960 SC 93. Thus, an
illegitimate child has a limited right to having a natural
guardian under Mohammedan law.
LEGITIMACY UNDER
CHRISTIAN LAW
The Christian Law does not give any rights or recognition to an
illegitimate child/children who are born to Christian parents.
The Indian Divorce Act, 1869 (IDA for brevity) has inculcated
few provisions regarding the illegitimate child. Like Hindu Law,
the Act has conferred the status of legitimacy upon the children
born out of void and voidable marriages in some cases.
Section 19 of the Act lays down various grounds for annulment of
marriage as null and void. In terms of legitimacy of children born
out of wedlock, only those children who are born from a wedlock
which has been annulled on the ground that a former spouse was
actually living and the subsequent marriage was contracted in
good faith and with the belief that the former spouse was actually
dead and on the ground of insanity are considered to be legitimate
children and have right to inheritance as per section 21.
RIGHTS OF ILLEGITIMATE
CHILDREN UNDER CHRISTIAN LAW

1. Maintenance Rights: The Act mentions the provisions for rights of

illegitimate children. While section 21 lays down rules for children born
to parents who have obtained a decree of annulment, the Act is silent
upon the rights of illegitimate children with regard to maintenance.
2. Inheritance Rights: the Indian Christians or those domiciled in India
are governed by the Indian Succession Act, 1925 (ISA, for brevity) for
the matters related to succession. By virtue of section 21 of IDA, 1869
those children who are begotten from void marriages that are
annulled under grounds stated in section 19, other than the ground
that a former spouse was actually living and the subsequent
marriage was contracted in good faith and with the belief that the
former spouse was actually dead and on the ground of insanity are
considered to be illegitimate and do not have right to inheritance
from their parents property.
Continued…
The ISA precludes illegitimate children from inheriting their parents
property. Under section 32 intestate property devolves upon the
husband or wife or those who are “kindred” of the deceased.
“kindred of the deceased” refers to those who are related to
persons who are descended from the same stock or common
ancestor as mentioned in section 24.
The ISA explicitly excludes illegitimate children from inheriting
any property of their parents by specifying that unless it is
otherwise stated in a will, the word child, son, daughter or any
relationship denotes only legitimate relative and in absence of such
legitimate relative, a person who has acquired at the date of the
will, the reputation of being such relative as per section 100 of ISA.
If a bequest falls under the provisions of section 109 then an
illegitimate child cannot be construed as a “lineal descent” of
the legatee, RAJA JAGDISH CHANDRA DEO DHABAL DEB V.
RAI PADA DHAL, AIR 1941 PAT. 458.
The term “child” under section 100 of ISA always applies to
legitimate child. It was held in EMMA AGNES SMITH V.
THOMAS MASSEY 91906) 8 BOMLR. As this case was decided
prior to the passing of ISA, 1925 the same was reaffirmed in Re:
SARAH EZRA V. UNKNOWN, AIR 1931 Cal. 560.

3. GUARDIANSHIP: An illegitimate child does not have a

natural guardian prescribed by law. In the case of ABC V. STATE
(NCT OF DELHI) AIR 2015 10 SCC 1, the Supreme Court dealt
with the question of whether an unwed Christian mother is to
notify the putative father of the birth of the child. With respect
to custody and guardianship of a minor child born to an unwed
Christian mother, the SC held that an unwed mother possesses
primary custodial and guardianship rights over the child and the
father is not conferred with an equal position merely by virtue of
his having fathered the child. The natural guardian of an
illegitimate child whose mother is a Christian or has been raised as
a Christian, is the mother and she does not need to inform the
putative father about the birth of the child for the purpose of
obtaining a guardianship order from any concerned court.
ADOPTION UNDER MUSLIM
LAW
In the Muslim personal law, adoption is not permissible. But in pre
Islamic period adoption was prevalent although Holy Prophet (PBUH)
was against it and it was abrogated by the verse of the Quran.
In MUHAMMAD ALLAHDAD KHAN V. MUHAMMAD ISMAIL,
ILR (1888) 12 ALL. 289, Mahmood, J., remarked that
“There is nothing in the Mohammedan law similar to adoption
as recognised in Roman and Hindu system. The Mohammedan
law does not recognize adoption as a mode of filiation”.
In 1972, the Adoption of Children Bill was introduced in the
Parliament in order to make an uniform law of adoption
applicable to all the citizens of India regardless of their
religion. However, this Bill was withdrawn by the Government
in 1978 and could not be passed.
Though the institution of adoption is not permissible but this may
prevail in the following circumstances-
a. by custom,
b. by law – section 29 of Oudh Estate Act, 1869

 Section 29 of Oudh Estates Act, 1869 is reproduced below-

“ 29. Muhammadan Taluqdars and Grantees empowered to adopt-
Every Muhammad Taluqdar, Grantee, heir or legatee, and every
widow of a Muhammad Taluqdar, Grantee, heir or legatee, with
the consent in writing of her deceased husband, shall, for the
purposes of this Act, have power to adopt a son whenever, if he or
she were a Hindu, he or she might adopt a son.
Such power shall be exercisable only by writing executed and
attested in manner required by section 19 in case of a will and
registered.
THE SHARIAT ACT, 1973

The Shariat Act, 1937 applies upon a Muslim and as per section 2
the Muslim personal law will not apply upon matters of adoption.
Under section 3 the concerned Muslim, if he is competent to
contract and he resides in the territory where this Act applies then
he may make a declaration that he desires to be governed by the
Muslim personal law even in reference to the matters of adoption
also.
Then the Muslim personal law related to adoption will apply upon
him as well as his minor children who were minors at the time of
declaration and also upon subsequent descendants of these minor
children and thus thereafter adoption will not be permissible to
them as Muslim personal law does not permit adoption.
Sec 3

There is, however, no statue to which a Muslim seeking adoption

may resort to, though he may adopt if he can prove the existence
of a custom permitting adoption.

The Juvenile Justice [Care and Protection of Children] Act, 2015

allows adoption to any person submitting to the provisions of the
optional legislation.
ADOPTION UNDER CHRISTIAN
LAW
 The Christian Marriage Act, 1872; the Indian Divorce Act, 1869
[amended in 2001] and the Indian Succession Act, 1925 does not
mention any provision of adoption by the Christian. Christian law
does not recognize the concept of adoption but if a custom can be
proved, there should be no bar to adoption.
 The Kerala High Court upheld the adoption legally valid in Philips
Alfred Malvin v J Gonsalves [AIR 1999 Ker.187]. The couple
adopted a child with the help of church. The adopted child filed a
suit for partition and his share in the property left by the deceased
who died intestate. It was alleged that the petitioner was adopted by
the deceased and brought up as his son. The petition was resisted
by the natural born children of the deceased, on the ground that
there could be no adoption under Christian law and the petitioner
had no right to claim the property of their father.
The court held that the Christian law recognizes adoption. The
adopted child has the same rights as a natural born child. It
further said that the right to adopt is inherent in the right to life
guaranteed under Article 21 of the Indian constitution .

The Christians can adopt the child under Juvenile Justice [Care
and Protection of Children] Act, 2015 and Central Adoption
Resource Authority Rules.

The Christians can also take a guardianship under the Guardian

and Wards Act, 1890. But guardianship does not give the same
status as biological child. This Act only recognize a guardian –
ward relationship, which exists only until the ward reaches 21
years of age .
ADOPTION UNDER PARSI LAW
 Unlike Hindus, the Parsis does not recognize the concept of
adoption. The Parsis who are governed in their personal law by
the Parsi Marriage And Divorce Act,1936 and Part III of the
Indian Succession Act,1925 have no provision for adoption
among Parsis. But a kind of customary form of adoption is
prevalent among the Parsis known as ‘palak’. Under this
custom, the widow of a childless Parsi can adopt a child on the
fourth day of her husband’s death, simply for the purpose of
performing certain annual religious ceremonies. This child
acquires no property rights.
 They can take up the child for guardianship under the Guardian
and Wards Act ,1980. This Act only recognizes a guardian –
ward relationship which exists only until the ward reaches 21
years of age. The Parsis can take the child in adoption under
the Juvenile Justice [Care and Protection of Children] Act,
2015 and Central Adoption Resource Authority Rules.
ADOPTION UNDER HINDU LAW
 Adoption has a longstanding traditional history. The sole
objective of adoption is to provide a child to childless parents.
Earlier the adoption was done to confer religious and spiritual
benefits to the adopter after his birth. As the Hindu tradition
gives the right of “pinddaan” to the male child to give oblation
to his ancestors.
 Adoption is the institutionalised practise through which an
individual belonging by birth to one kinship group acquires
new kinship ties that are socially and legally defined as
equivalent to the congenital ties.
 Some of the thinkers are of the view that the adoption under
Hindus is sacramental and some thinks that it is secular.
Rules under old Hindu Law
for adoption
1. The adopted son must be the reflection of a natural son. This
prevented the adoption of illegitimate child and orphans;
2. Daughter could not be adopted;
3. No one could have more than one adopted son;
4. One could not adopt a child whose mother one could not marry
when she was a maiden; thus a daughter’s son or sister’s son
cannot be adopted as one could not marry one’s sister or
daughter; or
5. When widow adopted a son it was always deemed to be
adoption to her deceased husband. This principle is responsible
for the doctrine of relating back.
Statutory enactments

There are two legislations which governs the adoption among

Hindus. They are:

1. Hindu Adoption and Maintenance Act, 1956

2. Juvenile Justice (Care And Protection of Children) Act, 2015
HINDU ADOPTION AND
MAINTENANCE ACT, 1956 (HAMA)

 This Act applies only to the Hindus. (sec. 2)

 Chapter II of the Act deals with adoption provisions. (section
5-17)
 The Act is prospective and applicable only post 1956 adoptions
(NAGIREDDI LAKSHMI V. NAGIREDDI NAGARAJU, AIR
2005)
 Any contravention of adoption rules prescribed under this Act
would make the adoption void. (sec. 5(1)). The void adoption
neither creates nor abridges any rights of the parties.
VALID ADOPTION (SEC. 6)

 The person adopting has the capacity, and also the right to take
in adoption;
 The person giving in adoption has the capacity to do so;
 The person adopted is capable of being taken in adoption, and
 The adoption is made in compliance with the other conditions
mentioned in Chapter II of the Act.

 For valid adoption there must be actual giving and taking

ceremony for the adoption. (M GURUDAS V.
RASARANJAN, AIR 2006)
Section 7 and 8

 Any Hindu male of sound mind and major can adopt a son or
daughter. If he is married then he has to take consent of his
wife. No such consent is needed if the wife is of unsound mind
or has renounced the world.
 Any married female can adopt with the consent of her husband
and no such consent is required if he suffers from the
disabilities mentioned under the Act.
Capacity to give in Adoption:
Section 9
 The father or the mother, if alive, shall have equal rights to
give a son or daughter in adoption.
 Where both the parents are dead or are legally incompetent to
give in adoption, then in that case, the guardian of the child
may give the child in adoption with the previous permission of
the Court, to any person including the guardian himself.
 The court, before giving such permission, has to consider the
following:
1. The adoption is for the welfare of the child,
2. The child’s wishes have been ascertained, and
3. There is no financial consideration in the transaction.
Who can be adopted (sec. 10)

Person below 15 years of age and unmarried and a Hindu can be

adopted.
The married person below the age of 15 years can also be adopted
if the customs allows.
HANMANT LAXMAN SALUNKEE V. SHRIRANG
NARAYAN KANSE, AIR 2006- Custom allowed adoption of
person above 15 years- age difference between adopter and
adoptee less than 21 years- mandatory condition breached- fatal to
the adoption.
Section 11: Other conditions

 A person who has a Hindu son, son’s son or son’s son’s son,
either by blood or adoption cannot adopt a son.
 Likewise, a person who has a Hindu daughter or son’s
daughter cannot adopt a daughter.
 Adopter and adoptee belongs to opposite gender, the Act
requires an age difference of 21 years.
Effects of adoption: sec 12

 Upon adoption, the adoptive child severe all ties with the natural
family and becomes part and parcel of the adoptive family w.e.f.
the date of adoption.
 All rights and obligations of natural born child falls upon the
adopted child.
 3 exceptions to above rule:
1. The child cannot marry any person whom s/he could not have
married had s/he not been taken in adoption;
2. Any property vesting in the adopted child before adoption
continues to vest in him subject to the obligation, if any;
3. The adoptive child cannot divest any person of any estate which
vested in him or her before adoption.
Section 15
It states that adoption once made cannot be cancelled by the
parents, nor can the adopted child renounce is/her status and return
to the family of his/her birth.
Prior to Personal Laws
(Amendment) Act, 2010
 A female adult of sound mind could adopt a child under the
following events:
1. Unmarried;
2. Divorced;
3. Widowed;
4. Her husband suffers from certain disabilities like he has:
 Ceased to be Hindu
 Has renounced the world
 Has been declared to be of unsound mind by the court
 Now the female’s right to adopt has been brought at parity with
the male’s right. Any female of 18 years or more now can
adopt a child to herself and in her own right, provided she has
no living son or daughter or son’s daughter at the time of
adoption.

WIDOW’S RIGHT TO ADOPT

Prior to 1956, Hindu widow required consent of the sapindas or

permission of the deceased husband if he had given such
permission before his death to adopt a child. The restriction has
been done away with by 2010 Personal Law Amendment and now
it can be done without such consent in her own capacity.
ADOPTION BY PROXY
 The issue of adoption by proxy was raised in the case of
NARINDERJIT KAUR V. UNION OF INDIA, AIR 1997
P&H 280.
 Facts: A divorced woman adopted a female child through her
attorney and brother in law, in whose favour she had executed
a special power of attorney. All the formalities of physically
handing over by the natural parents and taking of the child by
the mother’s Attorney for being handed over to her and
ceremonies were performed. A registered deed of adoption was
also executed.
 The passport officer refused to issue new passport to the child
with the adoptive mother’s name, on the ground that proxy
adoption is not legal under Indian law. The defendant pleaded
that the sec 11 allows such adoption by virtue of “under their
authority”.
 Another issue was that the passport cannot be issued on the
name of such mother as she has remarried.

 Court opined that the adoption took place in 1990 and the
adoptive mother remarried in 1994 and hence this contention is
not maintainable. Hence the adoption is valid and the name of
adoptive mother can be written on the passport of the adopted
child.
JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015

 This is a secular Act.

 Section 2(2) gives definition of adoption as- “ the process
through which the adopted child is permanently separated from
his biological parents and becomes a lawful child of his
adoptive parents with all the rights, privileges and
responsibility that are attached to a biological child”
 Unlike HAMA, child up to the age of 18 years can be adopted.
 No requirement regarding the sex of the child is given in it.
 Adoption order will suffice the process.
 No deed is required under this Act.
 This Act provides for the Orphaned Abandoned and
Surrendered children in the Specialised Adoption Agency or
Child Care Institutions.
 Welfare and best interest of child is of paramount
consideration to be addressed under the 2015 Act.
 All inter country adoptions are governed by this Act.
 Chapter VIII (sec. 56-73) deals with the adoption for the
orphan, abandoned and surrendered children as per this Act.
 Adoption of a child from a relative by another relative,
irrespective of their religion can be made under 2016 Act.
 This Act not applicable on adoption of children under HAMA,
1956.
 Section 57 lays down the eligibility of prospective adoptive
parents. The PAPS shall be physically fit and financially
sound, mentally alert and highly motivated to adopt a child for
providing a good upbringing to him.
CENTRAL ADOPTION RESOURCE
AUTHORITY (SEC. 68)
 Functions: 1. to promote in-country adoption and to facilitate
inter state adoption in coordination with state agency
 2. to regulate inter country adoptions;
 3. to frame regulations on adoption and related matters from
time to time as maybe necessary;
 4. to carry out the functions of central authority under the
Hague Convention on Protection of children and cooperation
in respect of inter country adoption;
 5. any other function as may be prescribed.
ACKNOWLEDGEMENT
UNDER MUSLIM LAW
 One way to establish a child’s paternity is by
‘acknowledgement’ i.e iqrar. The acknowledgement of
paternity is in the nature of a declaration by the father that a
child is his legitimate offspring. But this acknowledgment is
not a process of legitimation of an illegitimate child. As
Muslim law does not recognize legitimation.
 The doctrine of acknowledgment relates only to case where
either the fact of marriage itself or the exact time of
occurrence with reference to the legitimacy of the
acknowledgment of child is not proved in the sense of the law
as distinguished from disproved.
Continued…

 In Mohammad Khan v Ali Khan [AIR 1981] the Madras High

Court observed that the doctrine of acknowledgment can only
be invoked only where the fact of marriage or the exact time of
the marriage could not be proved. This cannot be applied to
those marriage which are lawfully not possible between the
parents of the child.
 In Sadik Hussain v Hasin Ali [1916], the Privy Council
observed that no statement made by one man that another, who
is proved to be illegitimate but where no proof of that kind is
given, such a statement or acknowledgment is substantive
evidence that the person so lack is the legitimate child of the
person who makes the statements provided that his legitimacy
is possible.
Continued…

 The landmark authoritative case on topic of doctrine of

acknowledgment is the case of Mohammad Allahabad v
Mohammad Ismail [1888]1 ILR 10. For a valid
acknowledgment following elements are required to be
proved:
 1.The acknowledgment must be not merely of sonship , but
must be made in such a way that it shows that the
acknowledgment meant to accept the other not only as his son
but as his legitimate son.
 2.The age of the parties must be such as to admit of the
acknowledgment being the father of person acknowledged.
According to Baille, the acknowledgment must be at least
twelve and half years older than the person acknowledged.
CONTD.

 3.The person acknowledged must not be known to be the child

of another man.
 4.The acknowledgment must not have been repudiated by the
person acknowledged.[Habibur Rahman v Altaf Ali, [1928].
Under Muslim law, a person who has attained the age of
discretion i.e ability to understand the transaction, has a right
to repudiate acknowledgment. But for the validity of
acknowledgment of paternity, no confirmation by the person
acknowledged is necessary.
LEGAL IMPLICATIONS
1. It raises a presumption of valid marriage between the
acknowledger and the mother of person acknowledged. The same
was held in Imambandi v Mustaddi [1988].
2. The legitimate paternity of the child is established .
3. A valid acknowledgment gives right of inheritance to the
children, the parents and the wife.

 FOR THE CHILD

1. Legal record of the identity of both parents.
2.Father’s name on the birth certificate.
3.Emotional benefits of knowing both parents.
4. Financial supports from both parents ,including child support ,
social security benefits, veterans benefits , military allowance , and
inheritance.
5. Health or life insurance from either parent , if available.

FOR THE MOTHER

1. Help in sharing parental responsibilities .
2.Information about medical history , of needed for the purpose of
the child’s medical treatment.
3.Improved financial security for the child.
Contd.

For the Father

1. Legal establishment of parental rights.
2.Father’s name on the birth certificate.
3.Right to seek court ordered custody or visit visitation.
4. Right to be informed and to have a say in adoption proceedings,
if any.
ACKNOWLEDGMENT OF CHILD
IN PARSI AND CHRISTIAN LAW
The Parsis and Christian law does not recognize the concept of
acknowledgment of the child.
DIFFERENCE BETWEEN ADOPTION
AND ACKNOWLEDGMENT

ADOPTION ACKNOWLEDGMENT
 An adoption is a son of another  Itproceeds on the basis of actual
person. paternity. If the son is proved to be
other’s son acknowledgment is
ineffective.
 Itis established by a gift from the
 Itis possible only when the paternity
natural parents to the adoptive
of the child is not known and at the
parents .
same time child is not proved to be a
child of another person.
 Parentage of the adoptive family is  No such transportation is possible in
affiliated after renouncing the acknowledgment.
natural family.  Itrelates to the theory of actual
 Ithas no connection between the descent of the acknowledge by
natural descent of the adoptee and legitimate means .
adoptive father.  There is no such religious or spiritual
 The motive of adoption may be motive.
religious and spiritual.
THANK YOU!!!