Section 9 Hindu Adoptions and Maintenance Act 1956: Persons Capable of Giving a Child in Adoption
Section 9 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA) identifies who has legal capacity to give a child in adoption. Under the law as amended in 2010, the father and mother have equal rights, subject to the consent requirement and the statutory exceptions. A guardian may act only in the circumstances specified by the section and with prior permission of the court.
What Section 9 provides
The basic rule is that a child may be given in adoption only by the child's father, mother or guardian. No other person has that statutory capacity under Section 9.
Equal right of father and mother
If the father and mother are alive, each has an equal statutory right to give a son or daughter in adoption. However, one parent ordinarily cannot exercise that right without the consent of the other parent.
The other parent's consent is not required where that parent has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
When a guardian may give a child in adoption
A guardian may give a child in adoption only where both parents are dead, have completely and finally renounced the world, have abandoned the child, have been declared by a competent court to be of unsound mind, or where the child's parentage is not known. Prior permission of the court is mandatory. The person proposed as adoptive parent may include the guardian himself or herself, subject to the court's permission and the other requirements of HAMA.
Welfare of the child and court permission
Before granting permission to a guardian, the court must be satisfied that the proposed adoption is for the welfare of the child. The court must give due consideration to the child's wishes, having regard to the child's age and understanding.
The court must also be satisfied that prohibited consideration has not influenced the adoption. Any payment or reward connected with the adoption must fall within what the court may lawfully sanction.
Definitions used in Section 9
Father and mother: For Section 9, these expressions do not include an adoptive father or adoptive mother.
Guardian: A person having care of the child's person, or of both the child's person and property. It includes a guardian appointed by the will of the child's father or mother and a guardian appointed or declared by a court.
Court: The city civil court or district court within whose local jurisdiction the child to be adopted ordinarily resides.
Section 9 in practical terms
- Only the father, mother or qualifying guardian can give a child in adoption under this section.
- The father and mother have equal rights after the 2010 amendment.
- Consent of the other parent is generally required unless a statutory exception applies.
- A guardian cannot independently complete the process; prior court permission is required.
- For a guardian's application, the child's welfare is the controlling statutory consideration.
- Section 9 must be read with the other requirements for a valid Hindu adoption, especially Section 6, Section 10 and Section 11.
Legal context
The Hindu Adoptions and Maintenance Act, 1956 is Act No. 78 of 1956 and codifies the law relating to adoptions and maintenance among Hindus. Section 9 deals specifically with the person who may lawfully give a child in adoption; it does not by itself satisfy every requirement of a valid adoption. The capacity of the person taking the child in adoption, the eligibility of the child, and the other statutory conditions must also be satisfied.
Updated: 27 September 2026. This page is a general legal-information article. For an adoption involving disputed parentage, guardianship, consent or court permission, the facts and applicable legal procedure should be examined individually.