I didn’t understand this part of this news report:
The court also said as per the provisions under the Hindu Adoption and Maintenance Act, if the father is alive, he alone has the right to give the child for adoption. [Mother alone can’t give child for adoption]
Father alone has the right to give up the child for adoption? Isn’t both the parents’ consent necessary?
Does this also apply to cases where the mother is not married to the father? Or when the father has remarried without divorcing the mother; or when he is not living with (and/or supporting in any way) the mother and child?
A trial court has said that a mother cannot independently give her child up for adoption without the father’s consent as such an adoption is “nullity” in the eyes of law.
This is what I thought the law was :-
When a child is born to a married couple but is surrendered by one biological parent and the whereabouts of the other parent is not known, the child shall be treated as abandoned and further procedures shall be followed accordingly.
In case of a child born out of wedlock, only the mother herself can surrender the child and if she is a minor, the signature of an accompanying close relative will be obtained on the surrender document. [10. Procedure in case of Orphan and Abandoned Children.]
Note: The father in this case had alleged that the mother had given the daughter for adoption and was living with another man, hence he should not be made to pay interim maintenance. The court said the adoption was nullified without his consent, and the mother’s adulterous lifestyle was a matter of evidence.