In India, the inheritance rights of adopted children are governed by various laws, including the Hindu Adoption and Maintenance Act, 1956 (for Hindus) and the Indian Succession Act, 1925 (for non-Hindus). Here are the key provisions regarding the inheritance rights of adopted children: Legal Status of Adopted Children: An adopted child is considered to be the legitimate child of the adoptive parents, with the same rights and obligations as a biological child. This includes the right to inherit from the adoptive parents and their relatives. Hindu Adoption and Maintenance Act, 1956: Under this Act, once a child is adopted, they are entitled to all the rights of a biological child, including the right to inherit the property of their adoptive parents. This applies to both self-acquired property and ancestral property. Intestate Succession: If an adopted child’s adoptive parent dies without a will (intestate), the adopted child will inherit the same share as biological children under the Hindu Succession Act, 1956. The share may depend on the category of heirs as defined in the Act. Testamentary Succession: If the adoptive parents leave a will, the adopted child can inherit according to the terms of the will. The adoptive parents can include or exclude the adopted child in their testamentary arrangements as per their wishes. Rights in Ancestral Property: Adopted children have a right to inherit ancestral property from their adoptive parents. However, the rights in ancestral property are subject to the provisions of the Hindu Succession Act. Rights of Biological Children: Adopted children have the same rights as biological children in terms of inheritance, which means they cannot be discriminated against in the distribution of the adoptive parents' property. Limitation on Adoption: The adoption must comply with the legal requirements set forth in the Hindu Adoption and Maintenance Act. For instance, the adoptive parent must have the legal capacity to adopt, and the adoption must be formalized through a legal process. Rights of Birth Parents: Upon adoption, the biological parents of the adopted child do not retain any rights over the child, including inheritance rights, unless specifically stated otherwise in the adoption deed. Islamic Law: Under Islamic law, the concept of adoption is not recognized in the same way as in Hindu law. However, under the Guardians and Wards Act, 1890, a child can be appointed as a guardian, but this does not confer inheritance rights. The rights of the adopted child would depend on the personal laws applicable to the parties involved. In summary, adopted children in India have full inheritance rights equivalent to those of biological children concerning their adoptive parents. The legal framework ensures that adopted children are treated fairly in matters of inheritance, promoting equality and justice in family law.

Dear client, Adoption as a concept has gone through many radical changes from the time it emerged till the modern age. It’s an inherent concept to continue the family lineage among Hindus but is unknown to non-Hindu religions. Post-independence reforms were brought and the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as HAMA) was enacted which allowed any person who comes under the definition of Hindu under Section 2 to be eligible for adoption. It has gone into further changes regarding gender equality. The concept of adoption is still unknown and unrecognised to the personal law of Muslims, Christians etc. Under these religions, the idea of guardianship is recognised instead of adopting someone’s else child as their own i.e. becoming his/her parents. But later, to fill the deficient holes another step was taken by the government by introducing a reformative law known as the Juvenile Justice Act, 2015 repealing the Act of 2000 where any person belonging to any religion can apply for the adoption of an orphan, abandoned or surrendered child. All three laws serve different purposes and are enforceable. Let’s discuss each law separately and the purpose it serves i.e. why was it introduced and when does it come into the picture. In this blog, we’ll also cover the status of inheritance rights under the aforesaid mentioned laws. A. Hindu Adoption and Maintenance Act, 1956 (HAMA): 1. It provides Hindus with the right to legally adopt a child. HAMA is the only personal law that recognises adoption in India. 2. It governs the adoption of a Hindu child by the adoptive parents who are also Hindus. 3. It gives full status to the child that of a natural child. It means that under this law, the adopted child holds the same rights as that of a biological child. 4. The only restriction in HAMA is that parents can’t adopt a child of a particular sex if they already have a child of sex either biologically or through adoption. 5. The age of the child should be below 15 years and the child shouldn’t have been taken for adoption priorly. 6. Consent of both husband and wife is required. Inheritance Rights: The child adopted under this Act has been given the status of a biological child and possess equal inheritance rights in his adoptive family, though, he can not inherit from his biological family once adopted. B. Guardianship and Wards Act, 1890 (GAWA): 1. Among non-Hindu religions, complete adoption is not recognised, so if a person wants to adopt a child, he/she can take guardianship of that child under this Act. 2. Only a minor i.e. a person who hasn’t completed the age of 18 years can be adopted. 3. Under Muslim personal law, the closest approach to adoption is ‘acknowledgement of paternity, therefore even after adoption, the relationship status is not that of a parent and child. 4. Christians can also adopt a child for foster care. 5. Under GAWA, the relationship that gets established after the adoption is that of a guardian and a ward. 6. The major fact is that when the child attains the age of 21, he/she no longer remains a ward but instead assumes his/her individual identity. 7. A guardian under this act can be of a person or property or both. This implies that this Act is solely not restricted to the purpose of adoption only but also affirms guardianship of a minor. 8. Any person appointed as a guardian through Will is given prior preference and the court shall not appoint any other person as a guardian unless the aforementioned person ceases to be a guardian under the law. Inheritance Rights: Under this Act, since the parent-child relationship is not established, the ward does not have any inherent right of succession to his/her parents' properties but through a Will, such inheritance right can be given. The only thing is that it could be challenged by a blood relative. C. Juvenile Justice Act, 2015 (JJ Act): 1. Since the above laws have their own restrictions and lack in identifying the adoption of orphan, abandoned and surrendered children, another codified law was required to make adoption an equal opportunity for everyone. 2. JJ Act is designed for the care, protection, development and rehabilitation of juveniles in conflict with the law and children in need of care and protection. It is applicable to all citizens of India irrespective of their religion. It is a uniform legal framework allowing everyone to adopt a child. 3. Unlike HAMA, this Act allows parents to adopt a child of the same sex, there are no restrictions as such. Nothing in this act applies to HAMA. 4. Under this Act, a child can be adopted up to 18 years of age. 5. CARA is a statutory body under the ministry of women and child development, Government of India. It functions as the central or nodal body of the adoption of Indian children and monitors in-country and inter-country adoptions. 6. The following are the rules for adoption under JJ Act: a. The prospective parents should be mentally sound and physically fit and they should be fully prepared to adopt the child and also should be ready to provide a good upbringing. b. In the case of married couples, both spouses' consent is required. c. A single male is not eligible to adopt a girl child. d. No child shall be given to any couple until they have at least two years of stable a.martial relationships. e. The minimum age difference between the adoptive child and the parents should not be less than twenty-five years. Under this Act, once the court issues the decree, the adoption is finalised. Inheritance Rights: The child adopted under this Act has been given the status of a biological child and possess equal inheritance rights. Where does the problem arise? 1. Adoption cases under HAMA usually get challenged especially in the cases of second marriage or adoption of a child who lost his/her parents when it comes to the succession lineage of the adoptive parent. 2. If you’re a guardian of a minor under GAWA, since the relationship of parent-child is not established, it is very easy to take that person out of the succession lineage, as no legal heir relation gets established. 3. Under JJ Act, no such problem arises but sometimes legal disputes are created to have a share in the property whereas the reality is that an adopted child under this Act is given the status of a biological child only. To ensure that the inheritance rights of the adopted children are protected, make sure you write a Will because it is one such document which overlooks religion, relationship etc. and anyone can be a beneficiary. Should you have any queries, please feel free to contact us!

Dear Client, Inheritance rights of an adopted child are determined by the personal laws of the adoptive family and relevant statutory provisions. Here's an overview of how different legal frameworks address the issue in India: 1. Hindu Law (Hindu Adoption and Maintenance Act, 1956) Rights of Equal Status: The adopted child is treated as a natural-born child of the adoptive family. He inherits equally from the self-acquired and ancestral property of the adoptive parents. Cutting off from the Biological Family: A person, once adopted, loses their rights of inheritance in the property of the biological family save in cases where the adoption is considered invalidate. 2. Muslim Law Muslim Personal Law: Muslim personal law does not officially institute formal adoption, in the sense of creating legal inheritance rights. However: An adopted child does not have automatic rights to inherit from the adoptive parents. The adoptive parent can make a wasiyat (will) in favor of the adopted child, but only up to one-third of his estate, provided he does not have other heirs who disapprove of the will. 3. Christian and Parsi Law The Act of Christians and Parsis in India is covered under the Guardians and Wards Act, 1890, and he does not offer rights of inheritance. But an adopted child can get inheritance only if a will in his favor is drawn. 4. Special Adoption Cases- Juvenile Justice Act, 2015 This Act provides modern legislation for adoption for all religions. Children adopted under this Act have the same rights as biological children, inheriting rights too. 5. Judicial Decisions and Clarifications Indian Courts have always believed that the adoption provides complete rights to the adopted child within the adoptive family. Article 14 of the Indian Constitution prohibits any form of discrimination with respect to the adopted child in the matters of inheritance. hope this answer help you