Couples can Adopt an Abandoned Girl even if they have a Daughter

Couples can Adopt an Abandoned Girl even if they have a Daughter


                                 Hindus who always wanted to adopt a girl despite already having a daughter can now do just that.Hindu personal law prohibits same gender adoption but a landmark judgement by the Bombay High Court disregared that.


                                 Stating that courts must "harmonize personal laws with secular legislation",Justice D Y Chandrachud held the Juvenile Justice (Care and Protection of Children) Act of 2000-a secular law enabling rehabilitation of abandoned children through adoption-would prevail over the Hindu Adoption and Maintenance Act(HAMA).HAMA places restrictions on adoption.

                                 This was the first time the court was interpreting provisions of two conflicting legal provisions on adoption-the 54-year-old Hindu Adoption Act and nine-year-old Juvenile Justice Act.