ADOPTION

• Sec 6 of the Hindu adoptions and maintenance Act,

1956:
• The person adopting must have the CAPACITY and
RIGHT to take in adoption.
• The person GIVING IN adoption should also have the
CAPACITY to do so.
• The person who is adopted should be CAPABLE OF
being taken in adoption.
• The adoption should be made in compliance with the
other CONDITIONS mentioned in the Act
• The above requirements are cumulative, “and all of them
have to be complied with.
• Sec 7 , any male Hindu of sound mind , and who is not a
minor, can take a son or a daughter in adoption.
• If he has a wife who is alive, he cannot adopt without her
consent(need be express may be implied also), unless the
wife-
a) has completely and finally renounced the world: or
b)has ceased to be a Hindu;or
c) has been declared to be of unsound mind by a court of
competent jurisdiction.
• Sec 8 Any female Hindu
– Who is of sound mind; and
– Who is not a minor;and
– Who is not married or if she is married:-
• a) whose marriage has been dissolved, or
• b) (i) whose husband is dead or
• (ii) has completely and finally renounced the world:or
(iii) has ceased to be a Hindu; or
(iv) Has been declared to be of unsound mind by a court of
competent jurisdiction
• Sec 9
• The Father , the mother, the guardian are
given the right.
• Father and Mother does not include adoptive
Father or mother.
• If the father is alive , he alone can give in
adoption. Mothers consent is essential except
• unless the wife-
a) has completely and finally renounced the world:
or
b)has ceased to be a Hindu;or
c) has been declared to be of unsound mind by a
court of competent jurisdiction.
• The right of mother in giving adoption , if the
husband-
(i) whose husband is dead or
• (ii) has completely and finally renounced the world:or
(iii) has ceased to be a Hindu; or
(iv) Has been declared to be of unsound mind by a court of
competent jurisdiction
• The guardian , with the prior permission of the
court , in cases where-
• 1) both the the father and mother-
a) are dead
b) have completely and finally renounced the world.
c) have abandoned the child: or
d)have been declared to be of unsound mind by a
court of competent jurisdiction;
2) The parentage of the child is not known.
• Sec 10 no person shall be capable of being taken in
adoption, unless the following four conditions are
satisfied.
– i) he or she is a Hundu
– ii) he or she has not already been adopted
– Iii) he or she is not married .-Unless the custom or usage
applicable to the parties, which permits married persons being
taken in adoption: and
– Iv) he or she has not completed the age of Fifteen years,-unless
there is a custom or usage applicable to the parties , which
permits persons over fifteen years being taken in adoption
• Sec 11
• The first condition – If a son is being adopted, the
adoptive father or mother must not have a Hindu
son,son’s son or son’s son’s son( whether
legitimate blood relation ship or adoption)
• The second condition- If a daughter is being
adopted, the adoptive father or mother must not
have a Hindu daughter or son’s daughter ( whether
legitimate blood relation ship or adoption)
• Third condition- applies to only to Hindu male
is adopting female- The adoptive father should
be at least twenty one years older than the
girl is to be adopted.
• fourth condition- applies to only to Hindu
female is adopting male- The adoptive mother
should be at least twenty one years older
than the boy is to be adopted.
• Sixth condition- the child to be adopted must
be actually given and taken in adoption by the
parents or guardian concerned (or under their
authority), with intent to transfer the child from
the family of its birth( or in case abandoned
child or a child whose parentage is not known,
from the place or family where it has been
brought up) to the family of its adaption
 DEED OF ADOPTION
• DEED OF ADOPTION
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• This Deed of Adoption executed by Son of
hindu aged about years and residing at

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• witnesseth as follows:-
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• Whereas I have no children and whereas I am fairly old and of
opinion that I will not have any issues hereafter and Whereas I
desire to adopt a son for performing the ceremonial rites after my
death and succeed to my properties which are all self acquired.
• I, hereby, adopt son of residing at

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• aged about as my son. I have adopted the said
as my son with the full consent of his parents
who are also related to me. Hereafter the said
shall be deemed to be my lawful son as per Hindu
Law and shall have the full right on my properties, movable and
immovable, and shall perform the obsequies after my death. This
Deed of adoption is executed by me in a sound disposing state of
mind and out my own accord without the pressure of any body.
This adoption has also got full consent of my wife.
• In witness whereof I have set my hand this
the day of 2004.
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• Witnesses
Executant