Adoption in India, particularly for Hindus, is governed by the Hindu Adoptions and Maintenance Act, 1956 (the “Act”). This law does not make the execution of an adoption deed compulsory, but having one provides strong legal proof and prevents disputes. Below, Following Sections of the Act govern the adoption of a child by the Hindus.
Sections Relevant to the Adoption Process:[1]
- Section 6 – Conditions for a valid adoption
- Section 7 – Adoption by Hindu males
- Section 8 – Adoption by Hindu females
- Section 9 – Persons capable of giving a child in adoption
- Section 10 – Persons who may be adopted
- Section 11 – Other conditions for a valid adoption
- Section 16 – An adoption deed executed properly is presumed valid
Importance of Adoption Deed
Though oral adoption is legally recognized, courts often require documentary evidence in case of a dispute. A registered adoption deed strengthens the adoptive parent’s claim, helping in matters of inheritance and identity.
Judicial Standpoint
The Supreme Court of India has ruled that an adoption deed does not require registration, but having one prevents legal complications. Mere registration does not validate adoption unless actual giving and taking of the child can be proven.
Judicial Interpretations and Landmark Judgments
Court decisions have clarified the necessity (or lack thereof) of an adoption deed, with a focus on proving the essential conditions under the Act Below are key judgments:
- Karnataka High Court: N L Manjunatha & Anr vs. B L Ananda (2023) [2]
- Details: Decided on July 10, 2023, by a single judge bench led by Justice Shiva shankar Amarannavar, (2023 Live Law (Kar) 271).
- Holding: The court explicitly stated that an adoption deed or registered document is not mandatory to prove adoption, as long as the conditions under the Act, such as the giving and taking ceremony and consents, are established. The case involved a partition suit where the appellant failed to prove adoption due to lack of evidence of ceremonies, not due to the absence of a deed.
- Relevance: This judgment directly supports the view that an adoption deed is not necessary, emphasizing compliance with statutory conditions.
- Supreme Court:M. Vanaja vs. M. Sarla Devi (Dead) (2020)
- Details: Decided on March 6, 2020, in Civil Appeal No. 8814 of 2010, by Justice L. Nageswara Rao. The appellant claimed adoption by the respondent’s husband, seeking partition, but both trial and High Court (High Court of Andhra Pradesh at Hyderabad) dismissed the suit for lack of proof.
- Holding: The Supreme Court dismissed the appeal, emphasizing that for a valid adoption under the Act, conditions in Sections 6, 7, 9, and 11 must be complied with, particularly the ceremony of giving and taking of the child (Section 11(vi)). The court noted that merely being brought up by a family does not constitute adoption, and cited previous cases like L. Debi Prasad (Dead) by Lrs. vs. Smt. Tribeni Devi & Ors. (1970) and Ghisalal vs. Dhapubai (Dead) by Lrs. & Ors. (2011).
- Relevance: While the judgment does not explicitly state that a deed is mandatory, it highlights the difficulty of proving adoption without strong evidence, indirectly supporting the use of a registered deed for legal clarity. It also reaffirmed that compliance with the conditions of the Act, not a deed, is the core requirement.
3. Union of India and another vs. Sukhpreet kaur and another dated 13 Feb 2025 [3]
Adoption is valid under Hindu Adoptions & Maintenance Act without a registered deed held by the Punjab & Haryana High Court, Chandigarh.
The case involved the denial of a compassionate appointment in the Railways to an adopted daughter, whose biological parents were listed in her Class 10 certificate instead of her adoptive parents.
A Division Bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi Mehta clarified, the Act provides the manners and methods in which an adoption is to be made of a Hindu child in a Hindu Family. Adoption can be by way of a registered-deed or even without it.
Burden of Proof:[4]
The burden of proof lies on the party asserting the validity of the adoption. If a registered adoption deed is presented, the onus shifts to the opposing party to disprove its validity held in Bhanu Pratap Singh vs. State of U. P. – Allahabad (2021) and Ramji Lal vs. Sultan – Rajasthan (1984).
Limitations Period:
The limitation period for filing a suit to declare an adoption invalid is typically three years from when the alleged adoption becomes known to the plaintiff held in Gangavva and others versus Ningavva and others – Karnataka High Court (2008).
Conclusion
In view of the above, while execution of an adoption deed is not compulsory, having one offers legal security. If adopting of a Hindu child, execution and registration of a valid adoption deed will ensure proof of adoption and will prevent future disputes.
[1] The Hindu Adoption and Maintenance Act, 1956 available at https://www.indiacode.nic.in/bitstream/123456789/1638/1/AA1956____78.pdf
[2] https://www.verdictum.in/pdf_upload/rsa443-09-10-07-2023watermark-1522933.pdf
[3] https://www.verdictum.in/court-updates/high-courts/punjab-and-haryana-high-court/union-of-india-v-sukhpreet-kaur-2025phhc020462-db-1568289#:~:text=The%20Punjab%20and%20Haryana%20High,Sharma%20and%20Justice%20Meenakshi%20I.
[4] https://supremetoday.ai/issue/SUIT-FOR-DECLARATION-OF-ADOPTION#:~:text=Legal%20Framework,the%20validity%20of%20the%20adoption.