Tuesday, September 26, 2023

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Marriage Certificate not required for adoption: Allahabad High Court

The Allahabad high court recently made a statement that a Marriage certificate is not required for child adoption under the Hindu Marriage act.

According to the Hindu Adoption and Maintenance Act of 1956, even a single parent can adopt a child, stated the high court.

The statement came in wake of a petition filed by a Transgender couple Rina Kinnar (a Transgender woman) and her spouse. The couple got married in Varanasi in 2000 after which they wanted to adopt a child together.

However, during the adoption process, Rina and her husband were informed that they’ll be needing a marriage certificate in order to get legal adoption charges. They were unable to produce the certificate and were informed that it is necessary claws under the Hindu Marriage Act.

After the petition by the couple, HC made a clarifying statement on adoption legalities. Further, the Court also clarified that for adopting a child, a marriage certificate is not Sina-Quo-Non and as per Section 7 (Capacity of a male Hindu to take in adoption) and Section 8 (Capacity of a female Hindu to take in adoption) of the Hindu Adoption and Maintenance Act 1956, do not require marriage or registration of marriage.

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