Transplantation of person from family where he is born to other family. Girls can be adopted after the passing of this Act.
Section 5 - Adoption should be done as per this Act, else it is void
Section 6 - Requisition for valid adoption
(i) Person adopting has the capacity and right to take in adoption.
(ii) Person giving in the adoption has the capacity to do so.
(iii) The person adopted is capable of being taken in adoption
(iv) Adoption is made in compliance with other conditions in this chapter
Hindu Orphanage -> Hindu Kids -> Hindu Parents
Muslim Orphanage -> Muslim Kids -> Muslim Parents
Section 7 - Capacity of Hindu Male to adopt
- 18+ Years
- Consent of all wives
- Consent of spouse not needed if she renounced/ converted/ deserted
Section 8 - Capacity of Hindu female to adopt
- 18+ years
- Un married/ Married -> Divorced, Husband expired, husband renounced, deserted/ converted
- Consent of Husband
Section 9 - Who all are eligible to give adoption?
- Father, Mother, Guardian, Court if parents expired
Section 10 - Eligibility to be adopted
(ii) Not already adopted
Section 11 - Other conditions of valid adoption
1. Son - Adopting parents should not have a son earlier of their own or son's son
2. Daughter - Adopting parents should not have a daughter earlier or their own or daughter or son's daughter
3. Bachelor should be 21 years 50 adopt a daughter
4. Bachelorette should be 21 years to adopt a son
5. the same child may not be adopted simultaneously by two or more persons
6. Actual transplantation of child has to be done, not just on paper
Section 12 - Effect of adoption
Since date of adoption, all ties with old parents will stop.
Section 13 - Right of adoptive parents to dispose of their properties
Section 14 - Determining adoptive mother
Husband -> W1 (Adoptive Mother) W2, W3 (Step Mothers)
If a bachelor who adopted a child gets married, his wife will get to be step mother.
Section 15 - Adoption cannot be cancelled
- Education Expenses
- Wedding Expenses
- Old age parents
Maintenance to wife - Section 18
Wife is Eligible for maintenance, when
- If husband dies
- if husband cheats
- if husband Cruel
- if husband deserts
- if husband converts
- judicial separation
Wife is ineligible for maintenance, when -
- Till she gets married after divorce
- If she converts
- If she is pregnant with another man
- Once she rejects it
Section 19 - Widow is entitled to maintenance from Father in Law
Section 20 - Mother too can be entitled to give maintenance to son
Section 24 - Maintenance Penda Lite
If one party ahs no money, other has to pay legal expenses monthly. The court can decide.
Constitution of India
Other Laws, International bodies etc