What is the status of the child adopted under Hindu law?
The Hindu Adoption and Maintenance Act, 1956 governs the adoption under Hindu Law. The adopted child is deemed to be the child of the adopted father and mother. This legal position is established from the date of adoption and the adopted child severs all its ties with the family and parents of its birth. The status of the adopted child is same as that of a natural child as though born to adoptive parents.
The adoption does not divest the adopted child of any property which was vested in the adopted child before adoption. Such person continues to hold such rights even after adoption subject to any encumbrance attached to the property in the family of birth.
Similarly the adopted child cannot divest any person of any property which is vested with such person before adoption, because the adopted child is deemed to be the child of adoptive parents. Further, the adoptive father or mother does not forfeit their rights to make will or transfer the properties according to their wish. However if the agreement of adoption puts any restriction on transfer of properties, the adopting parents must comply with the restrictions.
As the adopted is placed at par with the natural child of adoptive parents he is entitled to all rights, liabilities and obligations of a natural child. The adoptive child will inherit the property of the adoptive parents and ancestors as that of natural child.
In case of the death of the adopted child, the adoptive parents and other heirs from adopted family succeed to the property and not his natural parents. However the adopted person may make a Will by which he may transfer his self acquired property according to his wish.