INHERITANCE RIGHTS OF ADOPTED CHILDREN: A COMPARATIVE ANALYSIS
In India, the issue of inheritance rights of adopted children is a matter of legal significance and social importance. Adoption, as a means of bringing a child into a family, is governed by various laws and customs. However, the inheritance rights of adopted children vary across different legal frameworks and cultural practices.
Legal Framework in India
In India, adoption is primarily governed by personal laws based on religion. Hindu, Muslim, Christian, and Parsi communities have their own set of laws concerning adoption and inheritance.
Hindu Law
Under Hindu law, the adoption is regulated by the Hindu Adoption and Maintenance Act, 1956. According to this Act, adopted children are granted the same rights as biological children. They have equal rights to inherit ancestral property and the property of their adoptive parents. The adopted child becomes a legal heir and can inherit property from both the adoptive family and the natural family.
Muslim Law
In Muslim law, adoption as recognized in other legal systems is not accepted. Instead, guardianship (Kafala) is prevalent, where the child does not inherit property from the guardian but may be entitled to maintenance and care. However, there are instances where adopted children are granted inheritance rights based on specific circumstances and agreements.
Christian Law
Christian law in India does not have specific legislation governing adoption. However, Christian families often adopt under the Guardians and Wards Act, 1890. In terms of inheritance, the adopted child may have rights depending on the denomination and customary practices followed by the community.
Parsi Law
Under Parsi law, adoption is governed by the Parsi Marriage and Divorce Act, 1936. Adopted children are granted inheritance rights similar to biological children. They can inherit the property of their adoptive parents as well as their natural parents.
Legal Challenges and Evolving Perspectives
Despite legal provisions, there have been instances of ambiguity and disputes regarding the inheritance rights of adopted children, especially in cases involving inter-community adoptions or adoptions under different legal systems.
Recent Legal Reforms and Judicial Precedents
Recent legal reforms aim to streamline adoption procedures and ensure the protection of the rights of adopted children. Judicial precedents have also played a significant role in clarifying and affirming the inheritance rights of adopted children, emphasizing the principles of equality and justice.
The inheritance rights of adopted children in India are subject to diverse legal frameworks and cultural practices. While significant progress has been made in recognizing and protecting these rights, there is a need for further clarity, consistency, and inclusivity in the legal provisions to ensure the full and equal rights of adopted children in matters of inheritance.