Conditions for Adoption by a Hindu Female (Hindu Adoption Act, 1956)

    Edited by: Vaani Garg

    Section 6 of Hindu Adoption Act, 1956 specifies the conditions of valid adoption:

    (i) the person adopting has the capacity and also has 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;

    (iv)the adoption is made in compliance with the other conditions prescribed by this act.

    Section 7 deals with adoption by male and section 8 deals with adoption by female. The person who is adopting a child, whether male or female, must have the capacity and the right to take a child in adoption.

    Valid adoption by widowHindu Adoption Act, 1956

    Section 8 define the capacity of a Hindu woman to adopt provided-

    • she must be of sound mind
    • she is not a minor;
    • she is not married, or if married, her marriage has been dissolved or husband is dead and finally has renounced the world/ has ceased to be a Hindu/has been declared by a court of competent jurisdiction to be of unsound mind, (woman) has the capacity to take a son or daughter in adoption.

    Minority and unsoundness

    A women who is of sound mind and and is not minor can take valid adoption.These two conditions are also available in case of adoption by male.

    These are the conditions of valid Adoption under Hindu Adoption Act, 1956.