Procedure for a valid adoption
The Hindu Adoptions and maintenance Act, 1956 regulate the adoptions among Hindus. As per this Act any male Hindu who is of sound mind and who is not a minor has the capacity to take a son or daughter in adoption. If he has a wife living, then the consent of the wife is required for the adoption of a child. Similarly a major female Hindu, who is of sound mind, and who is either unmarried, widowed or is a divorcee can adopt a son or daughter.
Only the father or mother or the guardian of a child can give the child in adoption. If father is alive, the father alone has the right to give in adoption, but with the consent of the mother. The mother may give the child in adoption if the father is dead or has completely renounced the world or has ceased to be a Hindu or if the father is unsound.
A person once adopted, cannot be adopted again by another person. Normally unmarried persons are given in adoption unless there is a custom or usage, which permits, married persons to be adopted. Similarly the person given in adoption shall not complete the age of fifteen years unless there are contrary customs or usages.
If the adoption is of a son, then the adoptive father or mother must not have a Hindu son or son’s son or son’s son’s son living at the time of adoption. Similarly if the adoption is of a daughter, then the adoptive father or mother must not have a Hindu daughter or son’s daughter living at the time of adoption.