Valid adoption Law in India

Requisites of a valid adoption Law in India

No adoption shall be valid unless-

(i) The person adopting has the capacity, and also the right, to take in adoption;

(ii) The person giving in adoption has the capacity to do so;

(iii) The person adopted is capable of being taken in adoption; and

(iv) The adoption is made in compliance with the other conditions mentioned in this Chapter.

Capacity of a male Hindu to take in adoption– Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption.

Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Explanation-If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.

Capacity of a female Hindu to take in adoption– Any female Hindu-

(a) Who is of sound mind?

(b) Who is not a minor, and

(c) Who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.

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