Checklist for Judges of necessary pre- requisite for passing order of adoption of child as per provisions of Hindu adoption and maintenance Act

Female
Hindu Adoptive Parent:

·      
[ ] Must
be Hindu by religion

·      
[ ] Must
be of sound mind

·      
[ ] Must
not be a minor

·      
[ ] If
married, must have husband’s consent

·      
[ ] If
adopting a son, must be at least 21 years older than the child

·      
[ ] If
unmarried, widowed, or divorced, can adopt without spouse consent

For Biological Parents/Guardians
(Section 9)

·      
[ ] Only
father, mother, or legal guardian can give child in adoption

·      
[ ] Must
be natural/biological parents of the child

·      
[ ] Must
have legal capacity to give child in adoption

Child Eligibility Requirements (Section
10)

·      
[ ] Child
must be Hindu by religion

·      
[ ] Child
must not have been adopted previously

·      [ ] Child
must not be married (unless custom permits)

·      
[ ] Child
must not have completed 15 years of age (unless custom permits)

Additional Statutory Conditions
(Section 11)

For
Adoption of Son:

·      
[ ]
Adoptive parents must not have a living Hindu son, son’s son, or son’s son’s
son at time of adoption

For
Adoption of Daughter:

·      
[ ]
Adoptive parents must not have a living Hindu daughter or son’s daughter at
time of adoption

General
Conditions:

·      
[ ] Same
child cannot be adopted simultaneously by two or more persons

·      
[ ] Child
must be actually given and taken in adoption

Financial and Social Prerequisites

·      
[ ]
Adoptive parents must demonstrate adequate financial capacity to maintain the
child

·      
[ ] Must
have stable income and housing arrangements

·      
[ ]
Biological parents must demonstrate genuine inability to maintain child due to
financial constraints

Procedural Requirements

·      
[ ] Public Notice: Mandatory newspaper
publication to invite objections

·      
[ ] Court Verification: No objections
received after public notice

·      
[ ] Mutual Consent: Voluntary agreement
from all parties without coercion

·      
[ ] Child Welfare Assessment: Adoption must
serve paramount welfare of the child

Documentation Checklist

Personal
Documents:

·      
[ ]
Affidavits from all parties (adoptive and biological parents)

·      
[ ]
Aadhaar cards of all applicants

·      
[ ]
Marriage certificate of adoptive parents

·      
[ ]
Election identity cards

Child-Related
Documents:

·      
[ ] Birth
certificate of the child

·      
[ ] Proof
of child’s Hindu religion

Financial
Documents:

·      
[ ]
Income certificates of adoptive parents

·      
[ ] Proof
of employment/salary

·      
[ ]
Property ownership documents

Medical
Documents:

·      
[ ]
Medical certificates of adoptive parents showing sound mind and health

·      
[ ]
Fitness certificates for adoption

Educational
Documents:

·      
[ ]
Educational certificates/school leaving certificates of adoptive parents

Court-Specific Requirements

·      
[ ] Newspaper Publication: Evidence of
public notice in local newspaper

·      
[ ] No Adverse Interest: Verification that
adoption serves no direct or indirect adverse interest

·      
[ ] Age Verification: Confirmation of age
differences between adoptive parents and child

·      
[ ] Security Deposit: Court may direct
deposit of specified amount for child’s welfare (if required)

Final Verification Points

·      
[ ] All
provisions of Sections 5 to 11 of HAMA, 1956 are complied with

·      
[ ]
Adoption serves the best interest and welfare of the child

·      
[ ] No
legal impediments exist for the adoption

·      
[ ] All
parties understand their rights and responsibilities post-adoption

This checklist ensures compliance with
the Hindu Adoption and Maintenance Act, 1956, and helps courts systematically
verify all legal requirements before granting adoption orders.