Registration of Deed of Adoption under Hindu Law

If, a registered Deed of Adoption is made out under Section 16 of the HAMA, the existence of such a deed makes the court of law presume that the adoption of the child in question had been made in accordance with the provisions of HAMA and the burden of disproving the deed of adoption will then be on the persons challenging the adoption.

A Deed of Adoption may be challenged on following grounds and suggested precuations may accordingly be taken –

1. The Deed of Adoption was not signed by the natural parents/guardians or signed by persons other than those who had a capacity to give the child in adoption. In such a case, the deed of adoption is not valid and no presumption of adoption shall arise in the court of law. It must therefore be ensured that the deed is properly signed and executed in accordance with law.

2. The Deed of Adoption was not read over to the child’s natural parents/guardians who were legally competent to give the child in adoption. To avoid this problem, a clause may be included in the Deed of Adoption wherein it may be acknowledged by the child’s natural parents/guardians that the contents of the deed have been read over to them and explained, and that they have understood the same.

3. Execution of the Deed of Adoption may be challenged on grounds of fraud or undue influence or coercion. In such a situation, the burden of proof will be on the persons claiming fraud, undue influence or coercion.

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