A man himself or his widow on his behalf can adopt a child. An unmarried woman cannot adopt a child. A child is adopted mainly for completing the last rites of a man after his death. However, a man should not have a male child while he is adopting a child. In Hindu law, male descendents mean 3 male direct descendents. There fore, if a man has his son, grand son or great grand son living, he cannot opt for adoption. Only one son can be adopted. If the man who wants to adopt a child has a great great grandson, a daughter’s son or an illegitimate son, then also he can adopt a child. If the only son of a man becomes an outcaste or renounces the Hindu religion, then he can adopt another child as his son. Even if the son of a man becomes an out caste, the right to perform the rituals during the death of his father cannot be taken away from him. A sonless man can only authorize his wife to adopt a child. This power cannot be delegated to any one else and if done so, it will become null and void. There is no specific time as to whether widow should exercise the power of adoption. The husband cannot impose upon the wife to adopt a particular child.
Conditions for valid adoption
An adoption is considered to be valid only if :
The person who is adopting has the capacity and right for adoption
The person who is giving the adoption, has the right to do so
The person who is adopted is capable of being taken for adoption
The adoption is done in accordance with law.
Persons who may be adopted
He or she must be a Hindu
He or she has not already been adopted by someone else
He or she is not married unless and unless the custom or usage allows them to be adopted even if they are married.
He or she must be 15 years of age
Conditions of valid adoption
If a son is being adopted, then the adoptive mother or father who is adopting the child must not have a Hindu son, grand son or a great grand son, whether by blood relation or by virtue of adoption at the time of taking adoption.
If a daughter is being adopted, then the adoptive mother or father who is adopting the child must not have a Hindu daughter or a son’s daughter, whether by blood relation or by virtue of adoption at the time of taking adoption.
If the person who is adopting is a female and the person who will be adopted is a male, then the adoptive mother should at least be 21 years older than the person to be adopted.
If the person who is adopting is a male and the person who will be adopted is a female, then the adoptive father should at least be 21 years older than the person to be adopted.
The child to be adopted should actually be given and taken in adoption by the concerned parents of guardian under their authority with the intent that he or she is being transferred from the family of its birth or from the family or place where it was till date to the family of its adoption
