Essential for valid adoption

Conditions essential for valid adoption (Section 11)

  1. If a son is being adopted, the adoptive father or the mother must not have a Hindu son, grandson (son’s son), or great grand son (legitimate or by adoption) living at the time of adoption. (Formal renunciation of religion by any of the above will not come in the way of adoption).
  2. If a daughter is being adopted, then the adoptive father or mother must not have a Hindu daughter, or grand-daughter (son’s daughter), or great grand daughter (whether by legitimate or by adoption).
  3. The adoptive parents (mother, in case of a boy and father, in case of a daughter) should be at least 21 years older than the adopted child.
  4. The same child may not be simultaneously adopted by two or more persons.
  5. The Child to be adopted should be actually given to and taken in adoption by parents or guardians, concerned with the intent to transfer the child from of its birth or, in the case of an abandoned child, from the place or family where he was brought up.

Essential Conditions for a Male for adoption

As per S.7 of the Hindu Adoption and Maintenance Act, 1956, these conditions are as follows:

  • The person, adopting, should be of sound mind;
  • He should not be a minor, i.e. a person below the age of 18 years;
  • The consent of the wife, if present, has to be procured, unless:
    • The wife has completely renounced the world;
    • The wife has ceased to be a Hindu;
    • The wife has been declared by a Court to be unsound.
    • If the person, adopting, has more than one wife, the consent of all of them is necessary, unless for the reasons specified.

Essential conditions for a female Hindu to adopt a child

As per S.8 of the Hindu Adoption and Maintenance Act, 195, the conditions are as follows:

The person, adopting:

  • Should be of sound mind;
  • Should not be a minor, i.e. a person below the age of 18years;
  • The person should not be married. Or, if married, the marriage should have been dissolved, or whose husband is dead, or has completely renounced the world, or has ceased to be a Hindu, or has been declared by a Court to be of unsound mind by the court of competent jurisdiction.

* Two people can only adopt if they are married and are living together.