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The requirements are as under:-
Any male Hindu, who is of sound mind and is not a minor, has the capacity to take a son or daughter in adoption. Provided that if he has a wife living, he shall not adopt except with the consent of his wife. Unless his 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. 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 one of them is unnecessary for any of the reasons specified in the preceding provision.
Where the woman is married it is the husband who has the right to take in adoption with the consent of the wife.
No person can be adopted unless
Other conditions for a valid adoption are fulfilled.
is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents.
Islam does not recognize adoption. In Mohammed Allahdad Khan v. Mohammad Ismail it was held that there is nothing in the Mohammedan Law. Similar to adoption as recognized in the Hindu System.
Acknowledgement of paternity under Muslim Law is the nearest approach to adoption. The material difference between the two can be stated that in adoption, the adoptee is the known son of another person, while one of the essentials of acknowledgement is that the acknowledger must not be known son of another.
However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
The personal laws of these communities also do not recognise adoption. Here too an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
As per Indian law, a Hindu may take a child from another family and adopt the child as his own. The objective is to secure the performance of funeral rites and to preserve the continuity of lineage. The adopting person may be a bachelor or a spinster or a widower or a widow or a divorcee. Whereas, the adopted person may be a male of female.
The Hindu adoptions law and maintenance Act, 1956 applies to all Hindus, Buddhist, Jaina and Sikh by religion.