Section 9 - Persons capable of giving in adoption : Hindu Adoptions
and Maintenance Act 1956
Who is the Persons capable of giving in adoption? Section 9 of Hindu
Adoptions and Maintenance Act, 1956
Section 9 of Hindu Adoptions and Maintenance Act 1956 : "Persons
capable of giving in adoption"
9. (1) No person except the father or mother or
the guardian of a child shall have the capacity to
give the child in adoption.
(2) Subject to the provisions of sub-section (3) and
sub-section (4) the father, if alive, shall alone have the right
to give in adoption, but such right shall not be exercised save
with the consent of the mother unless the mother 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
(3) The mother may give the child in adoption if the father
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.
(4) Where both the father and mother are dead or have
completely and finally renounced the world or have abandoned the
child or have been declared by a court of competent jurisdiction
to be of unsound mind or where the parentage of the child is not
known, the guardian of the child may give the child in adoption
with the previous permission of the court to any person
including the guardian himself.
(5) Before granting permission to a guardian under
sub-section (4), the court shall be satisfied that the adoption
will be for the welfare of the child, due consideration being
for this purpose given to the wishes of the child having regard
to the age and understanding of the child and that the applicant
for permission has not received or agreed to receive and that no
person has made or given or agreed to make or give to the
applicant any payment or reward in consideration of the adoption
except such as the court may sanction.
Explanation : For the purposes of this section -
(i) the expression "father" and "mother" do not include an
adoptive father and an adoptive mother;
(ia) "guardian" means a person having the care of the person
of a child or of both his person and property and includes ?
(a) a guardian appointed by the will of the child's father or
(b) a guardian appointed or declared by a court; and
(ii) "court" means the city civil court or a district court
within the local limits of whose jurisdiction the child to be
adopted ordinarily resides.