Ms.Smitha
Good Morning. I would like to add some more important points of Law of Adoption. These points are in addition to the valuable suggestions given by Ms.Suchitra, Advocate and Kirti Kar T. Advocate.
I have taken some important poinst only from the Act. The following attachments are the copy pasted from the Act ( with deletions of unnecessary portion) It is very useful for you.
2. Application of Act.- (1) This Act applies – to Hindus, Buddhist, Jains and Sikhs only. ( not applicable for Muslims, Christian, Parsi or Jews by religion).
( this Act is not applicable to members ST as per Clause 25 of Art 366 of Indian Constitution unless Central Govt by notification in Official Gazette or directs)
6. Requisites of a valid adoption.- No adoption shall be valid unless-
(i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so (iii) the person adopted is capable of being taken in adoption, and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
8. Capacity of a female Hindu to take in adoption.- Any female Hindu-
(a) who is sound mind, (b) who is not a minor, and (c) a Hindu widow Has the capacity to take a son or daughter in adoption
10. Persons who may adopted.- No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :-
(i) he or she is Hindu, (ii) he or she not already been adopted. (iv) he or she has not completed the age of fifteen years
11. Other conditions for a valid adoption.- In every adoption, the following conditions must be complied with :-
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption.
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family or its both to the family of its adoption.
Provided that the performance of datta homam shall not be essential to the validity of adoption.
12. Effects of adoption.- An adopted child shall be deemed to be the child of his adoptive mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his birth shall be deemed to be served replaced by those created by the adoption in the adoptive family:
13. Right of adoptive parents to dispose of their properties.- Subject to any agreement to the contrary an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.
15. Valid adoption not to be cancelled. -
17. Prohibition of certain payments.- (1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward of which is prohibited by this section.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
(3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorised by the State Government in this behalf
Just follow the advise .
