Hindu Adoptions and Maintenance Act,1956
Act No : 78
Section :
Other conditions for a valid adoption.
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 ; (ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must, not have a ---------------------------------------------------------------------- 1 The word " and" omitted by Act 45 of 1962, s.3. 2 Ins. by s. 3, ibid. ---------------------------------------------------------------------- 196 Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption is. by a male and the person to be adopted is a female, the adoptive father is at least twenty- one years older than the person to be adopted ; (iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted ; (v) the same child may not be adopted simultaneously by two or more persons; (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 of its birth 1 [or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption: Provided that the performance of datta homam shall not be essential to the validity of an adoption.
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