Who is the Persons capable of giving in adoption Section 9 of Hindu Adoptions and Maintenance Act, 1956
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 unsound mind.
(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 mother; and
(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.
HINDU ADOPTIONS AND MAINTENANCE ACT 1956
Section 2 - Application of Act
Section 4 - Overriding effect of Act
CHAPTER II ADOPTION
Section 5 - Adoptions to be regulated by this Chapter
Section 6 - Requisites of a valid adoption
Section 7 - Capacity of a male Hindu to take in adoption
Section 8 - Capacity of a female Hindu to take in adoption
Section 9 - Persons capable of giving in adoption
Section 10 - Persons who may be adopted
Section 11 - Other conditions for a valid adoption
Section 12 - Effects of adoption
Section 13 - Right of adoptive parents to dispose of their properties
Section 14 - Determination of adoptive mother in certain cases
Section 15 - Valid adoption not to be cancelled
Section 16 - Presumption as to registered documents relating to adoption
Section 17 - Prohibition of certain payments
CHAPTER III MAINTENANCE
Section 18 - Maintenance of wife
Section 19 - Maintenance of widowed daughter-in-law
Section 20 - Maintenance of children and aged parents
Section 21 - Dependants defined
Section 22 - Maintenance of dependants
Section 23 - Amount of maintenance
Section 24 - Claimant to maintenance should be a Hindu
Section 25 - Amount of maintenance may be altered on change of circumstances
Section 26 - Debts to have priority
Section 27 - Maintenance when to be a charge
Section 28 - Effect of transfer of property on right to maintenance
CHAPTER IV REPEALS AND SAVINGS
Section 29 - Repeals