The child to be adopted may be a boy or a girl but must be Hindu who has not been previously adopted. The child must be unmarried, but if the custom applicable to the parties permits the adoption of married child, such children may also be adopted. Importantly the child must not have completed fifteen years of age unless customs practiced by parties allow adoption of persons who have completed fifteen years of age.
Can person having children adopt a child?
In case of a male child being adopted, the adoptive parents must not have a Hindu Son, Son's Son or Son's Son's Son living (grandson, great grandson) at the time of adoption similarly in case of adoption of female child, the adoptive parents should not have a Hindu Daughter, or Son's Daughter living at the time of adoption.
Can a Hindu Woman take a child in adoption?
Generally it is the male Hindu who is a major and of sound mind who can take a child in adoption but only with the consent of his surviving wife not otherwise disqualified under law.
However, a Hindu Woman has also capacity to adopt if she satisfies the following conditions:
a. She is major
b. She is of sound mind
c. She is unmarried
d. If married, the marriage is dissolved or the husband is dead or the husband has completely and finally renounced the world or has converted to other religion or declared as of unsound mind by competent court.
Can a Hindu female adopt a child?
A Hindu female can adopt a child subject to certain conditions. Section 8 of Hindu Adoption and Maintenance Act, 1956 has prescribed certain conditions as follows:
The Hindu female should be a major and of sound mind and unmarried to adopt a child. If married, the marriage should have been dissolved, or the husband must be dead, or the husband must have completely and finally renounced the world, or has ceased to be a Hindu, or has been declared as of unsound mind by a Court of competent jurisdiction.
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