"Adoption is generally irrevocable and irreversible". Critically analyse the statement with the help of relevant provisions and case laws.

Question: "Adoption is generally irrevocable and irreversible". Critically analyse the statement with the help of relevant provisions and case laws. [Punj JS 2019]

Find the question and answer of Hindu Law only on Legal Bites. ["Adoption is generally irrevocable and irreversible". Critically analyse the statement with the help of relevant provisions and case laws.]

Answer

Adoption is the process of legally transferring the parental rights and responsibilities of a child from the biological parents to the adoptive parents. It is a legal process that results in a permanent and lifelong relationship between the adoptee and the adoptive parent. Adoption is one of the most important aspects of family law in India. 

Adoption is generally irrevocable and irreversible. This statement needs to be critically analysed with the help of relevant provisions and case laws. Analysis Adoption is a legal process regulated by the Guardians and Wards Act, 1890. It is governed by the Hindu Adoption and Maintenance Act, 1956 which is applicable to Hindus, Buddhists, Jains and Sikhs. Section 6 of the Hindu Adoption and Maintenance Act states that

“No adoption shall be valid unless it is made in compliance with the other provisions of this Act”.

This means that adoption is only valid if it is made in accordance with the other provisions of the Act.

Adoption once completed following the due process of law then it cannot be cancelled by anybody neither the adoptive parent nor the adopted child as per Section 15 of the Hindu Adoption and Maintenance Act, 1956.

Section 15 of the Hindu Adoptions and Maintenance Act, 1956 deals with the valid adoption not to be cancelled. It says,

"No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.”

The aforesaid Section only clarifies that there is a presumption that the adoption has to be made in compliance with the provisions of the said Act and if it is registered, the proof of giving in and taking the child would not be necessary. Thus, if the adoption is disputed, it will be for such a claimant to prove that the ceremony of giving in and taking has not taken place. However, such a presumption would operate so long as there is no rebuttal by the procedures known to law. Thus, registration itself would not be mandatory. [Sahib Singh v. Arvinder Kaur & Ors., CS (OS) No. 2622/2008]

The statement "adoption is generally irrevocable and irreversible" is generally accurate, as adoption laws in most jurisdictions consider the adoption process to be a legal and binding process that establishes a permanent parent-child relationship. This means that once an adoption is finalized, the adoptive child is legally considered the child of the adoptive parents and is entitled to the same rights and privileges as a biological child.

Under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, in India, adoption is considered a legal process and is governed by the Central Adoption Resource Authority (CARA). Adoption is considered final and binding once the adoptive child is placed with the adoptive family and the adoption order is granted by the competent court. Section 41 of the JJ Act, 2015 also states that once an adoption order is passed, the biological parents of the child shall stand deprived of all their parental rights and the adopted child shall be deemed to be the legitimate child of the adoptive parents.

In case of any doubts and disputes, the court has the power to decide the disputes, however, the judicial authority shall give paramount consideration to the welfare of the child.

In conclusion, the statement "adoption is generally irrevocable and irreversible" is generally accurate, as the adoption process creates a permanent parent-child relationship that is legally binding and protected by law. However, the welfare of the child is of paramount importance and the court has the power to decide disputes in the interest of the child.

Adoption is a process by which the adopted child is completely severed from his biological parents and becomes the child of the adoptive parents with all the rights, duties and liabilities that a natural-born child of the adoptive parents would have. This implies that the adoption is irrevocable and irreversible. This means that the adopted child is completely severed from his biological parents and the adoptive parents become the legal parents of the child.

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