Reimagining Adoption

Nov 02 - Risks of Adopting under HAMA

Category: FoJ Point of View

India allows adoptions under two laws – the Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015.

Adoptions under the JJ Act are closely monitored and regulated by CARA, whereas adoptions under HAMA are designed to be a private affair, between Hindu parents adopting a Hindu child.

With growing wait list of adoptions under the JJ Act, it has only become more lucrative for parents to resort to private adoptions under HAMA. There are several intermediaries and outs offering adoptions under HAMA. As the entire process is not regulated, several unscrupulous and unethical practices have crept in the garb of private adoptions.

Howsoever tempting it may sound, beware of adopting under HAMA as the middlemen will not apprise you of the constraints, the fine print or the legalities or the after effects of adoption between strangers using HAMA that was designed for private adoptions, perhaps between known families.

Here is what you need to know all about the safeguards or the lack of them, in understanding the Risks of adoptions under HAMA

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