Code
The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.
— Section 7, The Hindu Minority and Guardianship Act, 1956
Explanation
Section 7 of The Hindu Minority and Guardianship Act specifically deals with the natural guardianship of an adopted minor. Upon the adoption of a Hindu minor, the guardianship, which was initially with the biological parents, shifts to the adoptive parents.
Key Points
🔸 Guardianship Transition Upon Adoption:
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Upon the adoption of a minor son, the natural guardianship passes to the adoptive father immediately after the adoption.
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After the adoptive father’s death, the guardianship will pass to the adoptive mother.
This provision makes it clear that the natural guardianship rights of biological parents are fully transferred to the adoptive parents once the adoption is formalized. This ensures that the adopted child’s welfare is protected by the adoptive family as would have been the case with a biological family.
Illustration
Example 1:
An adopted Hindu boy’s biological parents’ guardianship rights are relinquished once the adoption is completed. The adoptive father becomes the natural guardian of the child, and if the adoptive father passes away, the adoptive mother becomes the child’s natural guardian.
Conclusion
Section 7 of the Hindu Minority and Guardianship Act, 1956, ensures that once a child is adopted, the guardianship automatically transitions to the adoptive parents. This provision affirms the legal rights of adoptive parents and maintains the continuity of care and guardianship for the adopted child, guaranteeing that the child’s welfare remains a priority under the new parental structure
