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adoption
INTRODUCTION: Adoption is a way of providing new families for children who cannot be brought up by their biological parents. It is a legal procedure in which all parental responsibility is transferred to the adopters. Adoption is an act of giving and taking child, male or female in to family having no issues. According to MANU adoption is the “taking of a son , as a substitute for the failure of male issue”, according to SECTION 3 OF” THE HINDU ADOPTION AND MAITENANCE ACT , 1956” is an act which elaborately deals with adoption and maintenance of child. SECTION 7 and 8 of this act deals with capacity of male and female hindu respectively to take in adoption. SECTION 7 as follows “ anu male hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption provided that , if he has a wife living, he shall not adopt except with the consent of wife unless the wife has completely and finally renounced world or has ceased to be a hindu or has been declared by a court of complete jurisdiction to be of sound mind. SECTION 8 contain the provision deals with capacity of a female to take in adoption. The conditions to be satisfied in this section is same as section 7 (i.e) she is of sound mind , not a minor, and she is not married; if married , the marriage has been dissolved or her husband is dead or renounced world or ceased to be a hindu or has been declared to be unsound mind by the court of competent jurisdiction. SECTION 9 speaks about person who can give in adoption (i.e) the father, mother and guardian can give in adoption. Father cannot give in adoption without the consent of the wife unless if she is finally and completely renounced the world, if she has ceased to be hindu or if she has been judicially declared to be unsound mind. This condition is applied to mother also. Certain changes are made in case of guardian were it include de facto and de jure guardian. The guardian can exercise his power only when


Bibliography: www.childlineindia.org. www.hcch.net www.indiatoday.intoday www.onchr.orgwww.lawsociety.in
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