No restriction to adopt under christian law when the couple has natural born child: SC

The Supreme Court has held that there is no restriction against the adoption of a child under the Christian law, unlike the Hindu law that prohibits a couple to adopt a male or female child when the couple may have natural-born male or female child, as the case may be. The Court has observed that it is permissible under the Christian law for a Christian couple to adopt a male or female child when the couple may have naturally born male or female child, as the case may be, which is not permissible under the Hindu law. The order has been given by the Court in a property partition case where the status of the adopted child of a Christian couple was unclear with regard to the share in the suit property. The Court, while making the above-stated observation, has said that the children of the deceased have been rightly held as the co-sharers in the property and are entitled to their respective share. In this regard, the Court has stated that once a child is adopted he or she gets transplanted into the new family, after which he or she is deemed to be a member of that family as if he or she were born to the adoptive parents and shall enjoy same rights as their natural-born son or daughter. Further, it has added that the rights due to the child from his or her natural parents are replaced with similar rights in the adoptive family and eventually he or she may obtain those rights in the capacity of a member of that family as an adoptive son or daughter.