Adoption of a Child: Requisites, Procedure and penalties

2.  ADOPTION:
 LAW: THE HINDU ADOPTION AND
MAINTENANCE ACT, 1956
 SECTIONS: Section 5 to 17
 All Law provisions for Adoption of a child is
defined in above sections under chapter II of
the abovementioned Act.

3. Section 5 ADOPTION TO BE REGULATED BY THIS CHAPTER :
Any adoption made in contravention of the provisions of
Section 6 to 17 of the Chapter II of The Hindu Adoptions
and Maintenance Act, 1956 shall be void and neither
creates any rights in the adoptive family nor destroy the
rights of any person in the family of his or her birth.
Section 6 REQUISITES OF A VALID ADOPTION
1) Person who is adopting: must have capacity and right
to adopt
2) Person giving in adoption: has the capacity to do so
3) Person adopted: is capable of being taken in adoption
4) Adoption as per the provisions of Chapter II of this act
(Sec 7 to 17)

4.  SECTION 7 : CAPACITY OF A MALE HINDU TO ADOPT A CHILD
a) Sound mind
b) Not a minor
c) If married than must take consent of his wife ( consent not
required if wife living but has renounced the world or has
ceased to be a hindu or declared by a competent court to be
of unsound mind)
d) If have more than one wife living consent of all wives
SECTION 8 CAPACITY OF A FEMALE HINDU TO ADOPT A CHILD
a) Sound mind
b) Not a minor
c) Not married
d) if married : marriage has dissolved or husband is dead or
finally renounced the world or ceased to be a hindu or
declared by a competent court to be of unsound mind.

5.  SECTION 9 PERSON CAPABLE OF GIVING IN ADOPTION
a) Father or Mother or guardian
1) Father: alone can give in adoption but with the consent of
mother unless mother has renounced the world completely or
ceased to be hindu or is of unsound mind .
2) Mother: alone can give her child in adoption if father of child is
dead or finally renounced the world or ceased to be hindu or of
declared unsound mind
3) Father Mother both dead or renounced the world or declared to
be of unsound mind : than Guardian by permission of court even he
can adopt the child .
4) Before granting permission court must satisfy that adoption is
for the welfare of the child.
SECTION 10 PERSON WHO MAY BE ADOPTED:
1) He / she must be hindu 2) He/She not already adopted
3) He/She is not been married 4) He/She not completed age of
15 years

6.  SECTION 11 : OTHER CONDITIONS FOR A VALID ADOPTION
 Adoption of Son: Adoptive Father or mother have no son, or
have no son’s son or have no Son’s Son’s Son living at the
time of adoption
 Adoption of Daughter : have no Daughter or Son’s Daughter
 Adoption of a female by a Male: he must have completed 21
years of age
 Adoption of male by a female : She must have competed 21
years of age.
 Same child cannot be adopted by two or more person.
 SECTION 12 : EFFECT OF ADOPTION
 Adopted child shall be deemed child of the parents who
adopted him/her for all purposes w.e.f date of adoption
 Child cannot marry any person whom he/she could not have
married if not taken on adoption

7.  SECTION 13 : RIGHT OF ADOPTIVE PARENTS TO DISPOSE OF
THEIR PROPERTIES
If no agreement to the contrary than they can transfer by will or
intervivos
SECTION 14: DETERMINATION OF MOTHER IN CERTAIN CASES
1) Hindu wife who is living ====Adoptive Mother
2) More than one wife ====Sr. wife =adoptive mother, Jr. Wife
= Stepmother
3) Widower or a Bachelor who adopt child: and after adoption
he marry then his wife is called stepmother
4) Widow or unmarried woman======after adoption marry
than her husband is called stepfather
SECTION 15 : VALID ADOPTION NOT TO BE CANCELLED BY STEP
FATHER OR MOTHER OR ANY OTHER PERSON

8.  SECTION 16 : PRESUMPTION AS TO REGISTERED DOCUMENTS
RELATING TO ADOPTION
 Any document presented before court by the person who is
giving and taking in adoption shall be the document proof of
adoption when approved by court
 SECTION 17: PROHIBITION OF CERTAIN PAYMENTS
 No consideration or reward shall be paid or received for
adoption .
 If anyone has received or paid the amount for adoption
===Maximum
6 ,month imprisonment or with fine or both
Prosecution under this section only with approval of State
Government or an officer authorised by SG