Code: Section 15 of the Hindu Adoptions and Maintenance Act, 1956
“No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.”
Explanation of Section 15
Section 15 of the Hindu Adoptions and Maintenance Act, 1956 highlights the irrevocable nature of a legally valid adoption. Once an adoption has been lawfully carried out under the Act, it becomes final and binding on all parties involved—adoptive parents, adopted child, and biological parents.
Neither adoptive parents nor the adopted child have the authority to cancel or reverse the adoption. The adopted child also cannot legally renounce their adoptive status or revert to their biological family. This provision promotes legal and emotional stability within adoptive relationships.
Key Provisions:
- A valid adoption is permanent and legally binding.
- Adoptive parents have no legal right to revoke the adoption.
- The adopted child cannot renounce the adoption or legally return to their birth family.
- Ensures legal consistency and protection of adoptive rights.
Illustrations
Example 1: Adoptive Parent Trying to Cancel Adoption
A couple lawfully adopts a child. Years later, the adoptive mother tries to revoke the adoption due to a family dispute. Under Section 15, such cancellation is not allowed. The adoption remains valid.
Example 2: Adopted Child Seeks to Rejoin Birth Family
An adult adopted son wishes to renounce his legal status as an adopted child and rejoin his biological parents. Section 15 prohibits such action. His legal identity as an adopted child remains unchanged.
Common Questions and Answers
1. Can adoptive parents cancel an adoption once it is completed?
No. Section 15 clearly states that once an adoption is validly made, it cannot be revoked by the adoptive parents.
2. Can an adopted child return to their birth family?
No. The law does not allow an adopted child to legally renounce the adoption or reclaim membership in the biological family.
3. What happens if both the adoptive parents and the child agree to cancel the adoption?
Even mutual agreement does not override Section 15. A valid adoption cannot be reversed through consent alone.
4. Can a court cancel an adoption?
A court may assess whether an adoption was legally valid. However, if it is deemed valid, Section 15 prevents any cancellation.
5. What if the adoption was not validly conducted?
If legal procedures under the Act were not properly followed, the adoption may be challenged. Section 15 applies only to adoptions that are validly made under the law.
Conclusion
Section 15 of the Hindu Adoptions and Maintenance Act, 1956, upholds the permanence and integrity of valid adoptions. It ensures that adoptive relationships are protected from arbitrary revocation, thereby fostering legal and emotional security for both parents and children. For more detailed legal resources and expert guidance on Indian family law, visit ApniLaw.
