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Muslims
Adoption is the transplantation of a son from the family in which he is born, in to another family by gift made by his natural parents to his adopting parents.
Islam does not recognise adoption. In Mohammed Allahdad Khan v. Mohammad Ismail it was held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System.
Acknowledgement of paternity under Muslim Law is the nearest approach to adoption. The material difference between the two can be stated that in adoption, the adoptee is the known son of another person, while one of the essentials of acknowledgement is that the acknowledgee must not be known son of another.
However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
Christians, Parsis and Jews
The personal laws of these communities also do not recognize adoption and here too an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act. |
