Adoption is the legal process by which a person assumes the parenting of another, usually a child, from that person’s biological or legal parent or parents. This process permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents to the adoptive parent or parents.Merriam-Webster legal dictionary defines adoption as a mean “to take voluntarily (a child of other parents) as one’s own child especially in compliance with formal legal procedures”.

Merriam-Webster legal dictionary defines adoption as a mean “to take voluntarily (a child of other parents) as one’s own child especially in compliance with formal legal procedures”.

Merriam-Webster legal dictionary defines adoption as a mean “to take voluntarily (a child of other parents) as one’s own child especially in compliance with formal legal procedures”.

The history of adoption traces back to ancient civilizations. In ancient Rome, adoption was a well-established practice, primarily used by the elite to ensure a male heir. Roman emperors often adopted heirs to secure the line of succession, a practice seen with Augustus, the first Roman emperor, who was adopted by Julius Caesar.

In contrast, medieval Europe saw a decline in the practice, with inheritance laws favouring bloodlines and a diminishing need for adoption to secure heirs. The concept of adoption as a means of providing a family for a child rather than securing a successor was largely absent.

The modern concept of adoption began to take shape in the 19th century. In the United States, the Massachusetts Adoption of Children Act of 1851 is considered the first modern adoption law, emphasizing the welfare of the child over property and inheritance concerns. This act established the legal process of adoption, requiring judicial oversight and the consent of biological parents, and focusing on the best interests of the child.

As societies evolved, so did the practice of adoption, moving towards a more humanitarian and child-cantered approach. In the 20th century, international adoption began to emerge, influenced by global conflicts and the resulting orphan crises. Today, adoption is recognized and regulated by various international conventions and national laws, aiming to protect the rights and welfare of adopted children.

Adoption in India has a rich and varied history, deeply rooted in cultural, religious, and legal traditions.

In ancient India, adoption was practiced mainly to ensure the continuity of family lineage and to perform religious rites. Hindu scriptures like the Manu smriti and the Dharma Shastras discuss adoption, particularly emphasizing the importance of having a male heir to carry out ancestral rituals and inherit family property. During the medieval period, adoption practices continued, largely governed by religious and customary laws.

The British colonial rule introduced significant legal changes in India, including the regulation of adoption. The Hindu Adoption and Maintenance Act, 1956, was one of the first comprehensive legal frameworks for adoption in India. It was enacted to codify and reform Hindu law and provided detailed guidelines on who could be adopted, who could adopt, and the procedures involved.

Adoption in India is often influenced by cultural and societal attitudes. Traditionally, there has been a strong preference for adopting infants, particularly male children, to ensure the continuity of family lineage. However, there has been a gradual shift towards accepting and adopting older children, girls, and children with special needs, driven by awareness and advocacy efforts.

The evolution of adoption in India reflects a journey from religious and customary practices to a more structured and child-centric legal framework. While cultural attitudes still play a significant role, the legal provisions aim to prioritize the welfare and rights of the child, ensuring a safe and loving environment for their growth and development.