History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.83

v4.c63.t2.83

1338a It appears to me that the V. Mayūkha went far beyond the spirit of the ancient smṛti texts and of most of the medieval digests when it allowed the adoption of a married man or even of one who had already had a son. The son to be adopted, it was declared by Śaunaka and others, should be a reflection of an aurasa son. Therefore he must be adopted at an age when by proper training and environment he will come to entertain towards the adoptive parents the same feeling that an aurasa son has. Hence it appears to me that the Legislature should intervene and provide that no one can be adopted after his upanayana, or at all events after his marriage, in the natural family. It is natural for a sonless man or a widow to feel, apart from religious considerations, the necessity of a young person as a solace, security and help in old age, and to adopt a person. Even in England by the Adoption of Children Act (16 and 17 Geo. V. chap. 29) the adoption of a minor is now allowed after observing certain formalities. Further, no adoption by a widow who has not become major according to the Indian Majority Act should be held valid. An agreement or a transfer of the smallest property by a person who is a minor according to that Act is held to be absolutely null and void. There is no reason why an adoption by a widow of 15 or 16 should be upheld when that adoption divests her of all (or now half of) the property of the husband held by her.