There will be a ban on adopting a child of other religion: Unmarried women will also be able to adopt a child; Decision can be taken in Uniform Civil Code

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  • Uniform Civil Code Draft On Child Adoption Rights In Different Religions

Author: Mukesh Kaushik15 minutes ago

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Women of every religion will also have the right to adopt children. A man can adopt a child with the permission of his wife

The proposed draft of the Uniform Civil Code also indicates a change in the adoption mechanism. Now adoption of children of other religions will not be allowed. Along with this, preparations are being made to give the right to adopt children to women of every religion. However, there is yet to be a complete consensus in the commission on this issue.

A child born from a Hindu womb will be adopted by a Hindu family only.
Now what: At present adoption of a child is allowed in Hindu society. A person who is not a Muslim, Christian, Parsi or Jew is also considered a Hindu. Adoption is related to the legal affiliation of the child, hence it has been brought under the ambit of personal law and is being looked into in the UCC.
what next: There is talk of adding a proposal to the new law that in the case of adoption of children, the religion of their birth should be taken care of. Only Hindu families can adopt a child born from a Hindu womb and other religions can also adopt according to their own religion.

Foreigners are allowed to adopt a child from India under the Guardians and Wards Act 1890.  Then the child goes to their country and follows the law there.

Foreigners are allowed to adopt a child from India under the Guardians and Wards Act 1890. Then the child goes to their country and follows the law there.

Unmarried and widowed women will also be able to adopt a child.
Women of every religion will also have the right to adopt children. A man can adopt a child with the permission of his wife. A woman may be unmarried or a widow, she is entitled to adopt. In the new law, a woman will have the right to adopt with the consent of her husband.

Non-Hindu: Will be allowed to choose a child of his own religion
Now what:
There is no adoption law in the Muslim, Christian and Parsi communities. They can approach the court to adopt a child under the Guardians and Wards Act 1890. As soon as the child becomes an adult, he becomes free from his parents, he has no right on the ancestral property.

what next: People of all religions may be allowed to adopt within the framework of the proposed law, but they will be allowed to choose a child of their own religion for adoption. At present, this arrangement is not there in the Guardians and Wards Act.

Muslim: If father dies, mother will get guardianship
The role of the father is important in Muslim law. There the father is the owner of the property. If he dies, the guardian becomes the grandfather. The mother is also considered the natural guardian of the child. This right of the mother is absolute and this right cannot be denied to her.

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