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Senior Advocate High Court
The Hindu Adoptions and Maintenance Act, 1956
This act is applicable to whole of India except the state of Jammu and Kashmir.
Any Male Hindu who is of sound mind and is not a minor, has the capacity to take a son or a daughter in adoptionprovided 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 of unsound mind.
Any Female Hindu who is of sound mind, who is not a minor, who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has capacity to take a son or daughter in adoption.
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely
i) He or she is a Hindu.
ii) He or she has not already been adopted.
iii) He or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption
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 who have completed the age of fifteen years being taken in adoption.