Does Not Envisage Agreement To Adopt 'Unborn Child' in the Act of Hindu Adoptions & Maintenance

D.D:15.6.2022

In a case involving the adoption of an unborn child, the Punjab and Haryana High Court ruled that the Hindu Adoptions and Maintenance Act of 1956 does not contain a provision that would give effect to adoption of an unborn child.

The bench comprised of Justice M.S. Ramachandra Rao was hearing a habeas corpus petition filed by the natural mother of a newborn baby boy to have him released from the custody of respondent Nos. 4 and 5, who had requested his adoption before he was even born.

After the birth of the child, respondent Nos. 4 and 5 abducted him, having allegedly coerced the petitioner-mother and her husband into signing a consent form.

The court noted that the petitioner is the child's biological mother and natural guardian. In addition, the adoption is invalid under the Hindu Adoptions and Maintenance Act of 1956. According to Section 16 of the Hindu Adoptions and Maintenance Act of 1956, the court further noted that there is no registered document regarding the factum of adoption.

It is argued that the petitioner is the natural mother and natural guardian of the child, that there is no valid adoption in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956 (abbreviated "the Act"), and that there is no registered document pertaining to the adoption in accordance with Section 16 of the Act.

The validity of the fact that the petitioner is the baby boy's biological mother is not contested by the respondents, and there is no adoption agreement on file, the court added.

The court determined that the Hindu Adoptions and Maintenance Act of 1956 does not permit adoptions of unborn children. Consequently, respondents Nos. 4 and 5 cannot claim legal custody of the minor in question.

In light of the foregoing, the court granted the mother's writ petition and ordered the respondents to immediately transfer custody of the child to her.

Regarding the petitioner and her husband's adoption claim, it also granted respondent Nos. 4 and 5 permission to enforce any agreement they have against the petitioner and her husband in an appropriate court of law.

Pooja Rani

versus.

State of Punjab and Others