Table of Contents
Frequently asked questions
What is a Deed of Adoption?
A Deed of Adoption is a legal document that formally records the adoption of a child by adoptive parents under applicable personal laws (like HAMA, 1956). It serves as proof that a valid adoption has taken place, especially in civil and property-related matters.
Is a Deed of Adoption mandatory for a valid adoption under Hindu law?
No. Under HAMA, an adoption is valid if it satisfies the essential legal conditions (such as giving and taking, capacity, eligibility, and proper ceremony). However, a registered deed acts as prima facie evidence under Section 16 and is highly recommended for documentation and legal clarity.
Who can execute a Deed of Adoption?
The adoptive parents, along with the biological parents (if living), can execute the deed jointly. In some cases, only the adoptive parent and a legal guardian of the child may be involved, depending on the circumstances.
Does the Deed of Adoption need to be registered?
Registration of the Deed is not compulsory, but highly advisable. A registered deed has evidentiary value and helps prevent future disputes about the legality of the adoption.
What documents are required along with the Deed of Adoption?
Typically:
Birth certificate or age proof of the child
Identity/address proof of all parties
Consent letter from biological parents or guardian
Photographs of the adoption ceremony
Affidavits, if applicable
Can an adopted child inherit property?
Yes. Once adopted under HAMA, the child is treated as a natural-born child of the adoptive parents and gains full inheritance rights in their property (Section 12). He/she loses rights in the biological parents’ estate.
Can a single person adopt and execute a Deed of Adoption?
Yes. A single male can adopt a girl (with age gap and conditions) and a single female can adopt a boy (with similar conditions). The law imposes some gender-specific restrictions but permits adoption by singles.
Can a registered Deed of Adoption be challenged?
Yes, but only in cases of fraud, coercion, illegality, or non-fulfilment of essential conditions (e.g., child already adopted, no actual giving-taking ceremony). Otherwise, a validly executed deed is strong evidence.
What is the legal age for a child to be adopted under HAMA?
The child must be a Hindu, unmarried, and below the age of 15 years, unless there is a custom that permits adoption of older children.
Can a child be adopted without a formal religious ceremony?
No. Under Hindu law, the physical act of giving and taking (Datta Homam) is essential for a valid adoption. A deed without this ceremony may not be legally valid under HAMA.
Can adopted children later be “given back” or disowned?
No. Under HAMA, adoption is irrevocable once validly completed. The adopted child becomes a permanent family member and cannot be disowned without due legal process.
Is court permission required to adopt a child?
Not always. Under HAMA, if both parties (adoptive and biological) are Hindus, and the child is legally eligible, no court intervention is needed. However, for orphaned, abandoned, or surrendered children, court orders under Juvenile Justice Act or CARA guidelines may be necessary.
Sample Draft
DEED OF ADOPTION
(Under Section 16 of the Hindu Adoption and Maintenance Act, 1956)
This Deed of Adoption is made and executed on this 14th day of July, 2025, at Ahmedabad, Gujarat:
BY AND BETWEEN
Mr. Rameshbhai Harilal Patel,
Son of Late Harilal Patel, aged 52 years, residing at 12, Shivam Park Society, Satellite, Ahmedabad - 380015, hereinafter referred to as the “Adoptive Father” (which term shall include his heirs, legal representatives, executors, and assigns, unless repugnant to the context or meaning thereof),
AND
Mrs. Meenaben Rameshbhai Patel,
Wife of Mr. Rameshbhai Harilal Patel, aged 48 years, residing with her husband at the aforesaid address, hereinafter referred to as the “Adoptive Mother” (which term shall likewise include her heirs, legal representatives, executors, and assigns),
(Collectively referred to as the “Adoptive Parents”)
IN FAVOUR OF
Master Harshil Rajeshbhai Desai,
Aged 5 years (Date of Birth: 10th March 2020), Hindu male child, residing at 42, Gokuldham Society, Maninagar, Ahmedabad – 380008, hereinafter referred to as the “Adopted Child.”
WHEREAS
The Adoptive Parents are Hindus by religion, lawfully married to each other, and eligible to adopt a male child under the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the “Act”).
The Adoptive Parents have no natural-born male child and have desired to adopt a son for religious, emotional, and familial reasons.
Master Harshil Rajeshbhai Desai is a Hindu by religion, unmarried, has not been previously adopted, and is eligible for adoption under Section 10 of the Act. He is the biological son of:
Mr. Rajeshbhai Dineshbhai Desai, aged 40 years, and
Mrs. Pinalben Rajeshbhai Desai, aged 38 years,
Both Hindus, residing at 42, Gokuldham Society, Maninagar, Ahmedabad – 380008 (hereinafter referred to as the “Biological Parents”).
The Biological Parents have willingly and voluntarily given the said minor child in adoption to the Adoptive Parents due to genuine family circumstances, and such giving and taking was completed on 10th July 2025 in the presence of witnesses, in accordance with Hindu customs and religious rites.
NOW THIS DEED WITNESSETH AS FOLLOWS
Declaration of Legal Adoption
The Adoptive Parents hereby declare that they have adopted Master Harshil Rajeshbhai Desai as their lawful son. The adoption was completed on 10th July 2025, in accordance with the provisions of the Hindu Adoption and Maintenance Act, 1956, and the necessary religious ceremonies and customary rituals were performed, including the giving and taking of the child (Dattaka Lakshana).
Change of Name
The name of the Adopted Child shall henceforth be known as Master Harshil Rameshbhai Patel, and all official, academic, and legal records shall reflect this name.
Effect of Adoption
In accordance with Section 12 of the Act:
The Adopted Child shall be deemed the natural-born son of the Adoptive Parents for all intents and purposes, including inheritance, maintenance, and familial rights.
The Adopted Child shall no longer have any rights or obligations with respect to the Biological Parents or their family.
The Adoptive Parents shall be the sole guardians and custodians of the child henceforth.
Consent of Biological Parents
The Biological Parents declare and affirm:
That the adoption has been given willingly, without coercion, fraud, or undue influence;
That they irrevocably relinquish all parental rights over the child;
That they shall not, in future, make any legal or custodial claim over the child.
Status of Adoptive Parents
The Adoptive Parents further declare:
That they are physically and mentally fit to raise the child;
That they have not adopted any other child prior to this adoption;
That they accept the Adopted Child as their own and undertake full responsibility for his upbringing, education, care, and welfare.
Education and Welfare
The Adoptive Parents affirm that the child shall be provided proper education, upbringing, healthcare, and familial environment, and shall be treated with equal love and respect as a biological child.
Indemnity Clause
Each party agrees to indemnify and hold harmless the other from any legal claims, disputes, or liabilities arising out of or in relation to this adoption.
Registration of Deed
This Deed may be registered under the Registration Act, 1908, to serve as prima facie evidence under Section 16 of the Hindu Adoption and Maintenance Act, 1956.
Jurisdiction
All disputes, if any, arising out of this Deed shall be subject to the exclusive jurisdiction of the competent courts at Ahmedabad, Gujarat.
IN WITNESS WHEREOF
The parties to this Deed of Adoption have executed this document on the day, month, and year first mentioned above in the presence of the undersigned witnesses.
SIGNATURES
Adoptive Father
(Signature)
Rameshbhai Harilal Patel
Adoptive Mother
(Signature)
Meenaben Rameshbhai Patel
Biological Father
(Signature)
Rajeshbhai Dineshbhai Desai
Biological Mother
(Signature)
Pinalben Rajeshbhai Desai
WITNESSES
Name: Mr. Ketanbhai Pravinbhai Shah
Address: 78, Kailash Nagar, Satellite, Ahmedabad
Signature: ______________
Name: Mrs. Hemlata Shashikant Joshi
Address: 5, Lakshmi Park, Maninagar, Ahmedabad
Signature: ______________
Annexures (Recommended but optional):
Copy of Birth Certificate of the Child
Photographs of the Giving-Taking Ceremony
Aadhar Cards of All Parties
Consent Letter from Biological Parents
Affidavit of Adoptive Parents (if needed for school/govt purposes)