Child in adoption and how

Who can give a child in adoption and how?

Only the father, mother or guardian of the child can give away the child for adoption.

The father or mother can give the child in adoption in the following circumstances:

If the father is alive, he alone can give the child in adoption, but not without the consent of the mother, unless the mother has completely renounced the world.

This is subject to the following conditions:

A guardian can give a child in adoption, under the following circumstances:

  • Where both the father or mother are dead;
  • Where both the father or mother have renounced the world;
  • Where both the father or mother have been declared by a Court of competent jurisdiction to be of unsound mind;
  • Where both the father and mother have abandoned the child.

The guardian may give the child in adoption with the previous permission of the Court to any person, including himself/herself.

Who is capable of being adopted?

According to the Hindu Adoptions and Maintenance Act, the persons, who satisfy the following requirements, are capable of being adopted:

  • He or she is a Hindu;
  • He or she has not been adopted before;
  • He or she has not been married, unless there is a custom or usage, applicable to the parties, which permits persons who are married to be taken to adoption;
  • He or she has not completed the age of 15 years, unless there is a custom or usage, applicable to the parties, that permits persons who have completed the age of 15 years to be taken into adoption;

Further, if the adoption is of a male, the adoptive father or mother, by whom the adoption is made, must not have a Hindu son, son’s son or son’s son, living at the time of adoption.

If the adoption is of a female, the adoptive father or mother, by whom the adoption is made, must not have a Hindu daughter or son’s daughter, living at the time of adoption.

Further, if the adoption is of a female and, the person adopting is a male, then he should be at least 21 years older than the adopted person. Similarly, if a male is adopted by a female, she should be at least 21 years older than the adopted person.