New Delhi: Adoption practices in India are primarily informed by the Hindu Adoption and Maintenance Act, 1956 (HAMA) and Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act). Both legislations have different provisions and objectives. HAMA is the statute that governs the adoption of and by Hindus. The definition of 'Hindus' here includes Buddhists, Jains and Sikhs. It gives an adoptive child all the rights of a natural-born child, including the right to inheritance.
Until the JJ Act, the Guardians and Ward Act (GWA), 1980 was the only means for non-Hindu individuals to become guardians of children from their communities. However, since the GWA appoints individuals as legal guardians and not natural parents, guardianship is terminated once the ward turns 21 and the ward assumes individual identity.
