If the Hindu Adoptions and Maintenance Act, 1956 applies and a child's parentage is unknown, which…
Section 9(4) authorises the child's guardian to give the child in adoption with prior court permission, including to the guardian. Under section 9(5), the court must be…
Choose your answer
If the Hindu Adoptions and Maintenance Act, 1956 applies and a child's parentage is unknown, which statement correctly describes the guardian's power to give the child in adoption under section 9?
Answer and explanation
Correct answer D
Section 9(4) authorises the child's guardian to give the child in adoption with prior court permission, including to the guardian. Under section 9(5), the court must be satisfied that the adoption will be for the child's welfare.
Option feedback
Option A
Section 9(4) allows adoption by the guardian too, so this exclusion is incorrect.
Option B
Section 9(4) allows adoption by another eligible person as well as by the guardian.
Option C
Section 9 requires statutory guardian status on these facts. Its definition can include someone caring for the child, but court permission alone does not dispense with that status.
Option D
Section 9(4) allows this with the court's prior permission, subject to the Act's other requirements.
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