Chapter 2: Hindu Adoptions and Maintenance Act, 1956

CHAPTER II: ADOPTION

Section 5: Adoptions to be regulated by this Chapter

• Section 5(1): “No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.”
  • Simple English: From 1956 onwards, any adoption by a person covered by this Act (Hindu, Buddhist, Jaina, Sikh) is only legally valid if it follows every single rule in this chapter (Sections 5-17). If even one rule is broken, the adoption is “void”—meaning, in the eyes of the law, it never happened.
  • Real-World Example: A Hindu man adopts a son but fails to get his wife’s written consent, which is required by Section 7. Because he broke a rule in this Chapter, the adoption is legally void. He cannot name the child as his legal heir in a property dispute.
• Section 5(2): “An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.”
  • Simple English: If an adoption is invalid (void), two things happen:
    1. The child does not get any legal rights in the new “adoptive” family (like the right to inherit property from them).
    2. The child keeps all their original rights in their biological family (like the right to inherit from their birth parents).
  • Real-Click Example: Following the example above, the adoption is void. This means the child cannot legally inherit from the adoptive father. At the same time, the child fully retains their legal status as the son of their biological parents and their right to inherit from them. It’s as if the (invalid) adoption never took place.

Section 6: Requisites of a valid adoption

This section is the master checklist for a valid adoption. It says no adoption is valid unless four key conditions are met.

• Simple English: For an adoption to be legal, it must satisfy these four points:
  1. The person adopting must be legally allowed to do so. (Covered in Sections 7 & 8)
  2. The person giving the child away must be legally allowed to do so. (Covered in Section 9)
  3. The child being adopted must be legally eligible to be adopted. (Covered in Section 10)
  4. All the other rules in this chapter (like the physical act of giving and receiving) must be followed. (Covered in Section 11)
• Real-World Example: A couple adopts a child. The adoptive father (Section 7), the biological mother (Section 9), and the child (Section 10) all meet the requirements. They also have a registered adoption deed (Section 11/16). This adoption is valid. If, however, the child was 16 years old (violating Section 10) and there was no custom allowing it, the entire adoption would be void.

Section 7: Capacity of a male Hindu to take in adoption

This section explains the rules for a man who wants to adopt.

• Main Clause: “Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:”
  • Simple English: Any man covered by this Act (Hindu, Buddhist, Jaina, or Sikh) can adopt, as long as he is:
    1. An adult (18 years or older).
    2. Of “sound mind” (meaning he understands his actions and their consequences).
  • Real-World Example: Mr. Kumar is 35 years old and mentally competent. As a male Hindu, he has the basic legal capacity to adopt.
• Proviso: “Provided that, if he has a wife living, he shall not adopt except with the consent of his wife…”
  • Simple English: If the man is married, he must get his wife’s consent. He cannot adopt a child on his own if his wife disagrees. The wife’s consent is mandatory.
  • Real-World Example: Mr. and Mrs. Rao are married. Mr. Rao wants to adopt his nephew. He must get Mrs. Rao’s formal consent (ideally in writing on the adoption deed). If he proceeds with the adoption without her consent, the adoption is legally void.
• Exceptions to the Proviso: “…unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
  • Simple English: A husband does not need his wife’s consent in three specific, extreme situations:
    1. She has “renounced the world”: This means she has become a sanyasi, nun, or equivalent, completely and permanently leaving worldly life.
    2. She “has ceased to be a Hindu”: She has formally converted to another religion (like Christianity, Islam, etc.).
    3. A court has declared her of “unsound mind”: It’s not enough for the husband to just say she is mentally ill. A proper court must have issued a legal declaration.
  • Real-World Example: Mr. Verma’s wife converted to Islam 10 years ago. Mr. Verma, a Hindu, wishes to adopt a child. Because his wife has “ceased to be a Hindu,” he does not legally require her consent for the adoption.
• Explanation: “If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary…”
  • Simple English: This rule applies to polygamous marriages that were legal before the Hindu Marriage Act, 1955. If a man has (for example) two wives, he must get the consent of both of them.
  • Real-World Example: Mr. Shah, 80, has two wives, Urmila and Bharati, whom he married in 1950. He wants to adopt his grand-nephew. He must get formal consent from both Urmila and Bharati.
• Exception to the Explanation: “…unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.”
  • Simple English: If one of his multiple wives falls into one of the three exceptions (renounced the world, converted, or declared of unsound mind), her consent is not needed. He still needs the consent of all the other wives.
  • Real-World Example: In the above case, if wife Urmila is alive and of sound mind, but wife Bharati was declared by a court to be of unsound mind 5 years ago, Mr. Shah only needs the consent of Urmila.

Section 8: Capacity of a female Hindu to take in adoption

This section explains the rules for a woman who wants to adopt. (Note: This section was updated in 2010 to give women more equal rights to adopt).

• Main Clause: “Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:”
  • Simple English: Any woman covered by this Act (Hindu, Buddhist, Jaina, or Sikh) can adopt in her own right, as long as she is:
    1. An adult (18 years or older).
    2. Of “sound mind.”
  • Simple English (Applied): This means a single woman, a widow, or a divorcée has the full, independent right to adopt a child.
  • Real-World Example: Ms. Das is a 40-year-old unmarried CEO. She is of sound mind and has the financial means. She has the full legal capacity to adopt a daughter all on her own.
• Proviso: “Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband…”
  • Simple English: Just like a married man, if the woman is married, she must get her husband’s consent. A married woman cannot adopt a child if her husband disagrees.
  • Real-World Example: Mrs. and Mr. Gupta are married. Mrs. Gupta wants to adopt a child from an orphanage. She must get Mr. Gupta’s formal consent for the adoption to be valid.
• Exceptions to the Proviso: “…unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
  • Simple English: This mirrors the rule for men. A wife does not need her husband’s consent in the same three extreme situations:
    1. He has become a sanyasi (renounced the world).
    2. He has converted to a non-Hindu religion.
    3. A court has legally declared him to be of unsound mind.
  • Real-World Example: Mrs. Patel’s husband, Mr. Patel, suffered a severe brain injury, and a district court has legally declared him to be of unsound mind. Mrs. Patel wishes to adopt a child. She can now do so in her own right, without needing his consent.

Section 9: Persons capable of giving in adoption

This section defines who has the legal authority to give a child away for adoption. This is a very strict rule.

• Section 9(1): “No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.”
  • Simple English: Only three people can ever give a child in adoption: the biological father, the biological mother, or a legal guardian.
  • Real-World Example: A child’s uncle, older brother, or grandparent cannot give the child in adoption, even if they are caring for the child (unless they have been legally appointed as the “guardian” by a court or a will).
• Section 9(2): “…the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:”
  • Simple English: The biological father and mother have equal rights in this decision. (Before 2010, the father’s right was primary).
  • Real-World Example: The parents of a child are deciding on adoption. The law treats the mother’s authority and the father’s authority as completely equal.
• Proviso to Section 9(2): “Provided that such right shall not be exercised by either of them save with the consent of the other…”
  • Simple English: This is the most important part. One parent cannot act alone. The father cannot give the child in adoption without the mother’s consent, and the mother cannot give the child in adoption without the father’s consent.
  • Real-World Example: A couple, Mr. and Mrs. Kumar, are separating. Mr. Kumar wants to give their son in adoption to his childless brother. He cannot do this unless Mrs. Kumar also formally consents.
• Exceptions to the Proviso to 9(2): “…unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
  • Simple English: The consent of one parent is not needed if they fall into one of the three standard exceptions (renounced the world, converted, or declared of unsound mind).
  • Real-World Example: A child’s father has become a sanyasi and left the family. The mother now has the sole right to give the child in adoption, and she does not need the father’s consent.
• Section 9(4): “Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court…”
  • Simple English: A legal guardian (like an orphanage or a relative) can only give a child in adoption if the biological parents are:
    1. Dead;
    2. Have both renounced the world;
    3. Have permanently abandoned the child;
    4. Have both been declared of unsound mind by a court; or
    5. Are unknown (e.g., the child was found abandoned).
  • Crucial step: The guardian must first get “previous permission of the court” to do so.
  • Real-World Example: A child is living in an orphanage because both parents died in an accident. The orphanage is the child’s legal guardian. To place the child for adoption, the orphanage must file an application with the district court and get a formal order permitting the adoption.
• Section 9(5): “Before granting permission to a guardian… the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being… given to the wishes of the child… and that the applicant… has not received… any payment…”
  • Simple English: When a guardian (like an orphanage) asks the court for permission, the court’s job is to protect the child. The court must be satisfied of three things:
    1. Child’s Welfare: The adoption is in the child’s best interest.
    2. Child’s Wishes: The court should listen to the child’s preference, if the child is old enough to understand (e.g., a 10-year-old’s opinion would be heard, a 2-year-old’s cannot be).
    3. No “Baby-Selling”: The guardian is not receiving any illegal payment for the adoption (this prevents trafficking). The court can approve payments for genuine legal or administrative fees.
  • Real-World Example: An orphanage asks a court for permission to give 12-year-old Meena in adoption. The judge will personally (and privately) ask Meena how she feels about the prospective adoptive parents. If Meena is terrified of them, the judge may deny the permission, even if the adoptive parents are wealthy.
• Explanation (i): “…’father’ and ‘mother’ do not include an adoptive father and an adoptive mother;”
  • Simple English: An adoptive parent cannot give their adopted child away in a second adoption. The right to “give in adoption” only belongs to the biological parents or a guardian. This is because adoption is final.
  • Real-World Example: Mr. and Mrs. A adopt a child, Charan. Five years later, they decide they no longer want to parent him. They cannot legally give Charan in adoption to Mr. and Mrs. B. The adoption is permanent.
• Explanation (ia) & (ii): These clauses define “guardian” as someone appointed by a will or a court, and “court” as the local city civil or district court.

Section 10: Persons who may be adopted

This section provides the four-point checklist for the child who is being adopted.

• Clause (i): “he or she is a Hindu;”
  • Simple English: The child being adopted must also be a “Hindu” (in the broad legal sense, including Sikh, Jaina, or Buddhist) as defined in Section 2.
  • Real-World Example: A Hindu couple cannot use this Act to adopt a child who is, for example, legally a Muslim. They would have to use a different law, like the Juvenile Justice Act.
• Clause (ii): “he or she has not already been adopted;”
  • Simple English: Adoption is a one-time, permanent event. A child who has already been legally adopted cannot be adopted again.
  • Real-World Example: A couple adopts a child, Priya. When Priya is 10, the adoptive parents die. Their relatives cannot “re-adopt” Priya. They would need to apply for legal guardianship. Priya is already the legal child of her (deceased) adoptive parents.
• Clause (iii): “he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;”
  • Simple English: The general rule is that you cannot adopt a married person.
  • The Exception: It is only allowed if you belong to a specific community or family that has a proven, ancient, and unbroken “custom” of adopting married people.
  • Real-World Example: A man wants to adopt his 22-year-old married nephew. This is legally void (invalid). The only way it would be valid is if he could prove in court that in his specific community, adopting married men is a well-established and accepted custom.
• Clause (iv): “he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.”
  • Simple English: The general rule is that the child must be under the age of 15.
  • The Exception: It is only allowed to adopt someone 15 or older if you can prove there is a valid “custom” in your community that permits it.
  • Real-World Example: A couple wants to adopt a 17-year-old orphan they have been raising. This adoption is legally void because the child is over 15. However, if they can prove to a judge that their community has a long-standing custom of adopting 17-year-olds, the court may allow it. Without proof of custom, it is invalid.

Section 11: Other conditions for a valid adoption

This section lists the final set of rules that must be followed. Breaking any of these can also make the adoption void.

• Clause (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;”
  • Simple English: You cannot adopt a son if you already have a living son, a grandson (son’s son), or a great-grandson (son’s son’s son). This applies whether that son is biological or was previously adopted.
  • Real-World Example: Mr. and Mrs. Sharma have a biological son, Rohan. Rohan is alive and well. The Sharmas cannot legally adopt another boy. However, if they only have a daughter, they are allowed to adopt a son.
• Clause (ii): “if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;”
  • Simple English: You cannot adopt a daughter if you already have a living daughter or a granddaughter (son’s daughter), whether biological or adopted.
  • Real-World Example: Ms. Priya, a single woman, adopted a daughter, Meena, five years ago. Ms. Priya cannot now legally adopt another daughter under this Act. However, if she only has a son, she is allowed to adopt a daughter.
• Clause (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;”
  • Simple English: If a man is adopting a girl, he must be at least 21 years older than her. This rule is to safeguard against sham adoptions for the purpose of marriage.
  • Real-World Example: Mr. Gupta is 40 years old. He wants to adopt a female child. He can legally adopt a 10-year-old girl (29-year gap) or even a 19-year-old (21-year gap, assuming a custom allows adopting someone over 15). He cannot adopt a 25-year-old woman.
• Clause (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;”
  • Simple English: Similarly, if a woman is adopting a boy, she must be at least 21 years older than him.
  • Real-World Example: Mrs. Chen, a 45-year-old widow, wants to adopt a boy. She can legally adopt a 10-year-old boy (35-year gap). She cannot legally adopt a 30-year-old man.
• Clause (v): “the same child may not be adopted simultaneously by two or more persons;”
  • Simple English: A child can only be adopted by one “person.” A husband and wife adopting together are considered a single unit for this purpose (as Section 14 clarifies). This rule prevents a child from having two separate sets of legal adoptive parents.
  • Real-World Example: Two sisters, Priya and Geeta, want to “co-adopt” their orphaned nephew so they can raise him together. This is not allowed. Only one of them (or one of them and her husband) can be the legal adoptive parent(s).
• Clause (vi): “the child to be adopted must be actually given and taken in adoption by the parents or guardian… with intent to transfer the child from the family of its birth… to the family of its adoption:”
  • Simple English: The adoption is not just a paperwork exercise. There must be a physical act of “giving and taking” the child. The biological parents (or guardian) must hand over the child, and the adoptive parents must receive the child, with the clear understanding that the child is permanently changing families.
  • Real-World Example: At a small ceremony, the child’s biological mother places the child in the lap of the adoptive mother. This physical act, combined with a registered deed, proves the adoption. Just signing a paper without this act (or clear intention) is not enough.
• Proviso to Clause (vi): “Provided that the performance of datta homam shall not be essential to the validity of an adoption.”
  • Simple English: “Datta Homam” is a traditional religious ceremony (a sacred fire ritual) that was historically required for adoption. This Act modernizes the law by stating that while families are free to perform this ceremony for their own satisfaction, it is not a legal requirement.
  • Real-World Example: A Jaina family and a Hindu family both adopt children. The Hindu family performs the Datta Homam ceremony. The Jaina family does not. As long as both families complete the “giving and taking” and register the adoption deed, both adoptions are equally valid in the eyes of the law.

Section 12: Effects of adoption

This is a powerful section that explains the legal consequences of adoption. It defines the child’s new reality.

• Main Clause: “An adopted child shall be deemed to be the child of his or her adoptive father or 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 or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family:”
  • Simple English: From the exact date of the adoption, the child is legally, in all respects, the child of the new adoptive parents. At that same moment, all legal ties to the biological family are cut. The child is, by law, “re-born” into the new family.
  • Real-World Example: Ajay is adopted by Mr. and Mrs. Kulkarni.
    1. New Rights: Ajay now has the legal right to inherit property from the Kulkarnis, just as if he were their biological son. He is now legally their son.
    2. Lost Rights: Ajay legally loses all rights to inherit from his biological parents. He is no longer legally considered their son.
• Proviso (a): “the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;”
  • Simple English: This is a crucial exception. Even though the child is legally in a new family, the old biological “blood relationship” rules for marriage still apply. This is to prevent accidental incest.
  • Real-World Example: Sunita is adopted by the Mehta family. She cannot later marry the man who is her biological brother, even though they are now in legally different families. These “prohibited degrees” of marriage from her birth family follow her.
• Proviso (b): “any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;”
  • Simple English: If the child owned any property (e.g., inherited from a grandparent) before the adoption, that property remains the child’s. The adoption doesn’t take it away. However, the child also remains responsible for any legal obligations attached to that property, including using it to financially support relatives from their old (birth) family if required.
  • Real-World Example: Rohan, a 10-year-old, inherited a small house from his biological grandfather. After his parents died, he is adopted by his aunt and uncle. The house still belongs to Rohan. If that property came with a legal duty to pay for his (biological) grandmother’s maintenance, that duty continues, and the income from the house must be used for it.
• Proviso (c): “the adopted child shall not divest any person of any estate which vested in him or her before the adoption.”
  • Simple English: The act of being adopted does not give the child the right to take away property that already legally belongs to someone else in the new family.
  • Real-World Example: Mr. Desai has a brother, Suresh. Mr. Desai’s father dies, and his property is inherited by both Mr. Desai and Suresh, split 50/50. A year later, Mr. Desai adopts a son, Rahul. Rahul’s adoption does not give him any right to claim a share of the property that Suresh already inherited. Rahul only has rights to Mr. Desai’s (his new father’s) share.

Section 13: Right of adoptive parents to dispose of their properties

• Main Clause: “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.”
  • Simple English: Just because you adopt a child, it doesn’t mean you lose the right to sell, gift, or will away your own property to whomever you want. An adoptive child doesn’t automatically get a “locked-in” right to the parents’ property.
  • Real-World Example: Mrs. Kapoor adopts a son, Karan. She owns a flat. She is perfectly free to write a will that leaves the flat to her sister, or to a charity, instead of to Karan. Karan cannot go to court and say, “As her adopted son, I am the automatic owner.” She has the right to dispose of her property.
• The Exception: “Subject to any agreement to the contrary…”
  • Simple English: This is the exception. If, at the time of adoption, the adoptive parents signed a formal, legal agreement (perhaps with the biological parents) stating that they would give a specific property to the child, then they are bound by that agreement.
  • Real-World Example: During the adoption, the biological parents agree to give their son up only if the wealthy adoptive father signs an agreement promising to leave a specific house to the son in his will. If the father signs this, he is now legally bound and cannot leave that house to someone else.

Section 14: Determination of adoptive mother in certain cases

This section clarifies who, exactly, is the legal “adoptive mother” when a man adopts.

• Section 14(1): “Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother.”
  • Simple English: If a married man adopts a child (with his wife’s consent, as required by Section 7), his wife automatically and legally becomes the adoptive mother.
  • Real-World Example: Mr. and Mrs. Jain together adopt a child. The adoption deed might be in Mr. Jain’s name, but because Mrs. Jain is his wife and consented, the law automatically makes her the child’s legal mother.
• Section 14(2): “Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.”
  • Simple English: In old (pre-1955) polygamous marriages, if a man with multiple wives adopts with their consent, the wife he married first (the “seniormost”) becomes the legal adoptive mother. All his other wives are legally the child’s step-mothers.
  • Real-World Example: Mr. Lal married Sita in 1950 and Gita in 1952. He adopts a child in 1960 with the consent of both. Sita (the first wife) is the legal adoptive mother. Gita is the legal step-mother.
• Section 14(3): “Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child.”
  • Simple English: If a single man (unmarried or widower) adopts a child, he is the only parent. If he gets married later, his new wife is legally the child’s step-mother, not their adoptive mother.
  • Real-World Example: Mr. Bajaj, a bachelor, adopts a son, Rohan, in 2010. In 2015, Mr. Bajaj marries Priya. Priya is legally Rohan’s step-mother.
• Section 14(4): “Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.”
  • Simple English: If a single woman (unmarried or widow) adopts a child, she is the only parent. If she gets married later, her new husband is legally the child’s step-father, not their adoptive father.
  • Real-World Example: Ms. Sen, an unmarried woman, adopts a daughter, Rina, in 2012. In 2016, Ms. Sen marries Mr. Ghosh. Mr. Ghosh is legally Rina’s step-father.

Section 15: Valid adoption not to be cancelled

• Main Clause: “No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.”
  • Simple English: This is one of the most important rules. A legal adoption is final and permanent.
    1. The adoptive parents cannot change their minds and “cancel” the adoption, no matter what.
    2. The child cannot decide later in life that they don’t want to be adopted and “renounce” their status to return to their biological family.
  • Real-World Example: A couple adopts a 5-year-old. When the child becomes a rebellious 15-year-old, the parents cannot go to court and say, “We want to cancel the adoption.” It’s legally impossible. Similarly, when the adopted child turns 25, they cannot “divorce” their adoptive parents to go back and claim an inheritance from their biological family. The ties are permanently severed, and the new ties are permanent.

Section 16: Presumption as to registered documents relating to adoptions

• Main Clause: “Whenever any document registered under any law… is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.”
  • Simple English: This is a powerful rule about evidence. If you have an official adoption deed that has been:
    1. Formally “registered” (stamped and recorded by the government’s sub-registrar), AND
    2. Signed by both the person giving the child (e.g., biological parent) and the person taking the child (e.g., adoptive parent),
       then the court will automatically assume the adoption is 100% valid and all rules were followed.
  • What “shall presume” means: The burden of proof shifts. Instead of the adoptive parents having to prove the adoption was valid, the person challenging the adoption must now provide strong evidence to prove it was invalid.
  • Real-World Example: A man dies, and his adopted son claims his property. A distant cousin challenges the adoption, saying the “giving and taking” ceremony (Section 11) never happened. The adopted son produces the registered, signed adoption deed. The judge will say, “Because of this deed, I presume the adoption is valid. It is now up to you, the cousin, to disprove it.” This makes the adopted son’s case much stronger.
• STATE AMENDMENT (Uttar Pradesh Only)
  • Section 16(2) [U.P. Only]: “In case any adoption made on or after the first day of January, 1977 no Court in Uttar Pradesh shall accept any evidence in proof of the giving and taking of the child in adoption, except a document recording an adoption, made and signed… and registered…”
  • Simple English: For adoptions in Uttar Pradesh after 1977, the rule is much stricter. A registered adoption deed is not just good evidence; it is the only evidence a court will accept. If you don’t have a registered deed, you cannot legally prove the adoption.
  • Real-World Example (U.P.): A couple in Agra, U.P., adopts a child in 1990. They have a big ceremony, photos, and 100 witnesses, but they never get a registered deed. When the father dies, the child tries to claim his property. The court in U.P. will refuse to hear the witnesses or see the photos. Because there is no registered deed, the adoption cannot be proven in court.

Section 17: Prohibition of certain payments

• Section 17(1): “No person shall receive or agree to receive any payment or other reward in consideration of the adoption… and no person shall make or give… any payment or reward…”
  • Simple English: This makes it a crime to “buy” or “sell” a child. A person cannot accept money or any other “reward” in exchange for giving up a child for adoption. Likewise, a person cannot offer money to someone to convince them to give up their child. This is to prevent human trafficking.
  • Important Note: This does not include paying genuine legal fees to a lawyer, court fees, or official fees to a licensed adoption agency. It prohibits direct, personal payments to the parents or guardian as an inducement.
  • Real-World Example: A couple desperately wants to adopt a specific child. They offer the child’s biological parents a new car and ₹5,00,000 in cash. Both the couple giving the payment and the parents receiving it are committing a crime.
• Section 17(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.”
  • Simple English: The punishment for breaking this rule (buying or selling a child) is jail time for up to six months, a monetary fine, or both.
  • Real-World Example: Following the example above, if caught, the adoptive parents and the biological parents could all be prosecuted and potentially sent to jail.
• Section 17(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.”
  • Simple English: A criminal case for this “payment for adoption” cannot be started just by anyone. The police or a private citizen must first get formal permission from the State Government (e.g., the Home Department) or a specially authorized officer (like the District Magistrate) to file the case. This acts as a safeguard against false or malicious complaints.
  • Real-World Example: A relative believes a family illegally “paid for” their adopted child. They cannot just file a private criminal complaint with a magistrate. They must report it to the police, who must then build a file and get official “sanction” from a high-level government authority before a prosecutor can formally charge the family.