Adoption And The Law Of Adoption

706 WordsSep 29, 20143 Pages
Under the customary law of adoption which was in force afore the commencementof the Act, adoption is a nomination of a successor for the purport of inheritance. He doesnot lose all connections with the family of birth. 6 Effects of Adoption: Statutory Provision Section 12 of the Hindu Adoptions and Maintenance Act, 1956, relates to the Effectsof Adoption and the provision reads as under 7 : “12. Effects of Adoption – An adopted child shall be deemed to be the child of his or heradoptive father or mother for all purposes with effect from the date of the adoption and fromsuch date all the ties of the child in the family of his or her birth shall be deemed to be servedand superseded by those engendered by the adoption in the adoptive family:Provided that – (a) the child cannot espouse any person whom he or she could not have espoused if he orshe had perpetuated in the family of his or her birth;(b) any property which vested in the adopted child afore the adoption shall continueto vest in such person subject to the obligations, if any, to maintain relatives in thefamily of his or her birth;(c) the adopted child shall not divest any person of any estate which vested him or her afore the adoption” Effects of Adoption on Natural Family Relationship with the Members of the Natural Family For secular, religious and civil purposes the adopted child ceases to be the child of the natural family. His father and mother cease to be his parents and all cognations on the

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