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Research Paper | Law | India | Volume 12 Issue 11, November 2023
An Analysis of Adoption by Widow
Nandhitha S. N. S.
Abstract: India as a country of variant diversity has many religions and cultures. For personal matters like marriage, adoption and inheritance they have their own set of personal laws. In the same way the law of adoption by the Hindus in India is governed by the ?Hindu Adoptions and Maintenance Act, 1956? which is the only personal law that governs adoption in the country. With the passage of time, adoption, which is a social institution, has undergone various changes. In India, there has been drastic change in the concept and objectives of adoption from time to time. Even though the old Classical Hindu law was patriarchal in nature, the codification Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as HAMA), and Personal Laws (Amendment) Act, 2010 (hereinafter referred to as PLAA), has improved the women?s status to take and give a child in adoption.The subject matter of this paper deals with the analysis of adoption by Widow. There are more studies relating to the problems of married, widow and divorced women in the country, but, none of them speak about the sufferings of widow. Widows don?t have a positive reputation in society. They are not treated with respect and they are seen as a bad sign for society. Due to the challenging conditions in earlier times, adoption was not a popular idea among widows. This article discusses about the rights of a widow to adopt and a comparative study on adoption laws and practices worldwide.
Keywords: Adoption; Widow; Hindu adoption and Maintenance Act, 1956; Personal Laws Amendment Act, 2010; Adoption by widow
Edition: Volume 12 Issue 11, November 2023,
Pages: 1478 - 1482