husband, and acting on his behalf, she may select a son and receive him
into the family. A man can adopt a son without his wife's assent;
nevertheless, the son when adopted becomes the son of both parents.
Hindus consider it a grievous misfortune that the line of male descent
should be broken. The due performance of the sacrificial offerings to
the dead is thereby interrupted. Probably this explains the great
latitude given in some parts of India to the widow to adopt a son on
behalf of her husband in case he has died sonless. There is a text which
says, "Nor let a woman give or accept a son unless with the assent of
her lord." But the lawyers of western India do not consider that any
express permission to adopt is necessary, and take it for granted that
she always has that permission. In Southern India, also, the widow may
adopt without express permission, but the sapindas must give their
sanction to make the adoption valid. Elsewhere the words have received
their natural interpretation, namely, that the husband must in some way
indicate his intention that his widow should have authority to adopt.
The only person to whom an authority to adopt can be given is the wife
or widow; and no widow can be compelled to exercise her power to adopt
if she does not wish to do so. The father has absolute power to give
away his son in adoption even without the consent of his wife. But her
consent is generally asked and obtained before the son is given. After
the father's death the widow may give a son in adoption. The rule which
in former times rendered it necessary that the nearest male sapinda
should be adopted is obsolete, and the adoption of a stranger is valid,
although nearer relatives otherwise suitable are in existence. A man may
adopt any child whose mother he could have married if she had been
single; if he could not have done so, then he cannot adopt her child.
The reason given in the text is that the adopted son must bear the
resemblance of a son. This recalls the _dictum_ of the Roman
law--_adoptio naturam imitatur_. The adopted son and the adopting father
must be of the same caste. The period fixed for adoption by the three
higher castes is before the ceremony of upandyana, or investiture of the
child with the thread which these castes always wear over the left
shoulder. For Sudras, who have no thread, the period is prior to the
marriage of the child. There has been much difference of opinion as to
whether an only son can be given and received in adoption. It is now
settled that the texts which discountenance this adoption do not
constitute a prohibition which the law will enforce.
Public-domain text, read in full here on John Shaqi.
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