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Persons Either the father or the mother only Guardian can give in adoption, with
could give in adoption (not guardian) prior consent from the court, if both
capable of parents are dead/ unable to give
consent/ abandoned the child/
giving in parentage not known
adoption (s. 9)
-Parents do not include adoptive parents/ step parents
-Guardian may be testamentary or court-appointed
-2010 AMENDMENT
-Parents neednt necessarily be Hindus while giving the child in
adoption
-Can minor parents give in adoption?
Duty of court
wrt Guardian Welfare of the child
giving the child Wishes of the child (according to age and understanding)
9(5), HAMA
Hindu male/female
Orphan (can be given in adoption by guardian)
Not already been adopted
Unmarried, unless theres a contrary custom
Who may be Less than 15 years of age, unless theres a contrary custom
and to To: vicarious adoption by the spouse when their partner adopts
DOES PERFORMANCE OF REQUISITE RITUALS AMOUNT TO
VALID ADOPTION UNDER HINDU LAW? Yes
Saroja v. Mudaliar had two children, one male and one female. The son had
died, leaving behind his widow Saroja. Mudaliar adopted his
Santhilkumar, grandson (daughters son), by registering an adoption deed, and
performing the ceremony. He then bequeathed all his property to
(2011) 11 SCC his daughter and adopted son. Saroja challenged this.
483 Held adoption was valid, hence, adopted son entitled to the
property of adoptive father.
ADOPTION IN Adoption by a Parsi widow on the 4th day of her husbands death,
for the limited purposes of performing annual religious
PARSI LAW ceremonies.
No property rights