Definition of HAMA:-
The Hindu Adoptions and Maintenance Act (HAMA) was established in India in 1956 as part of the Hindu Code Bills. The Hindu Adoption and Maintenance Act is one of the most significant personal laws in India. ‘Hindus’ under the Act also cover Jains, Sikhs, and Buddhists. This Act refers to anybody who is not Muslim, Christian, Parsi or Jew. As long as the Hindu law controls a person, this Act would implement. This is why this Act applies to a huge number of people all over India (excluding in Jammu & Kashmir).
The other legislation passed during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). The Adoptions and Maintenance Act of 1956 dealt especially with the legal method of adopting children by a Hindu adult, and with the legal responsibilities of a Hindu to give "maintenance" to many family members including their wife or parents, and in-laws.
According to Section 2 of the Hindu Adoptions and Maintenance Act refer to Hindus and all those considered under the umbrella term of Hindus as detailed below. As per the terms of this act, the subsequent person can adopt a child in India. This act refers to any person who is domiciled in the territories-
Note: To apply the Hindu Adoptions and Maintenance Act in the areas, the person should not refers to Muslim, Christian, Parsi, or Jew by religion
No person will be able to be taken in adoption unless the following conditions are fulfilled
Under the Hindu Adoptions and Maintenance Act (HAMA), only Hindus can adopt directed to their fulfilment of particular criteria. As per the provision of this act, no adoption will be valid except fulfilling the following conditions:
The adoption should be made in agreement with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)
Any male Hindu who is of sound mind and not a minor can take a son or a daughter in selection. If he has a wife living, he cannot adopt a child except with the approval of his wife unless the wife has completely abandoned the world or has ceased to be a Hindu or has been submitted by a court of competent jurisdiction to be of unsound mind.
Any female Hindu-
Whose husband is dead or has fully and finally abandoned the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the ability to take a son or daughter in adoption.