adoption

Topics: Adoption, Human rights, International adoption Pages: 5 (3339 words) Published: November 3, 2014

INTRODUCTION:
Adoption is a way of providing new families for children who cannot be brought up by their biological parents. It is a legal procedure in which all parental responsibility is transferred to the adopters. Adoption is an act of giving and taking child, male or female in to family having no issues. According to MANU adoption is the “taking of a son , as a substitute for the failure of male issue”, according to SECTION 3 OF” THE HINDU ADOPTION AND MAITENANCE ACT , 1956” is an act which elaborately deals with adoption and maintenance of child. SECTION 7 and 8 of this act deals with capacity of male and female hindu respectively to take in adoption. SECTION 7 as follows “ anu male hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption provided that , if he has a wife living, he shall not adopt except with the consent of wife unless the wife has completely and finally renounced world or has ceased to be a hindu or has been declared by a court of complete jurisdiction to be of sound mind. SECTION 8 contain the provision deals with capacity of a female to take in adoption. The conditions to be satisfied in this section is same as section 7 (i.e) she is of sound mind , not a minor, and she is not married; if married , the marriage has been dissolved or her husband is dead or renounced world or ceased to be a hindu or has been declared to be unsound mind by the court of competent jurisdiction. SECTION 9 speaks about person who can give in adoption (i.e) the father, mother and guardian can give in adoption. Father cannot give in adoption without the consent of the wife unless if she is finally and completely renounced the world, if she has ceased to be hindu or if she has been judicially declared to be unsound mind. This condition is applied to mother also. Certain changes are made in case of guardian were it include de facto and de jure guardian. The guardian can exercise his power only when both the parents are dies. Section 11 explains about the valid adoption , the condition laid down are according to the hindu adoption and maintenance act 1956. INTERNATIONAL BILL OF HUMAN RIGHTS:

UNIVERSAL DECLARATION OF HUMAN RIGHTS was adopted and proclaimed by general assembly resolution 217A (111) of 10th December 1948. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. It is essential, if man is not to be compelled to have recourse,as a last resort,to rebellion against tyranny and oppression,that human rights should be protected by the rule of law. whereas it is essential to promote the development of friendly relation between the nations. Article 26 of this convention says that everyone has the right to education. ………………………………………………………………………………………. En.wikipedia.org/wiki/hindu-adoption and maintenance act-(1956) www.hcch.net

Education shall be free,atleast in the elementary,and fundamental stages.elementary education shall be compulsory, education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom.parents have a prior right to choose the kind of education that shall be given to their children. SPECIFIC CONVENTION:

Intercountry adoption is the recent relevant phenomenon.it expanded slowly after world war II , when the numbers increased considerably. by the 1980’s,it was recognized that this phenomenon was creating serious and legal problems. The absence of existing domestic and international legal instruments indicated the need for a multilateral approach. The hague convention on 29th may 1993 on protection of children and co-operation in respect of intercountry adoption was developed to establish safeguards which ensure that intercountry adoptions take place in the best interest of the child and...

Bibliography: www.childlineindia.org.
www.hcch.net www.indiatoday.intoday www.onchr.orgwww.lawsociety.in
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