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Out of the list provided below, which is/are the requirement(s) of a valid adoption under the Hindu…

Only statements 1 and 3 state valid requirements. Section 6 of the Hindu Adoptions and Maintenance Act, 1956 requires that the person adopting has the capacity and the right…

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Out of the list provided below, which is/are the requirement(s) of a valid adoption under the Hindu Adoptions and Maintenance Act, 1956?
1. The person who gives the child and persons who take the child in adoption must have the capacity to do so
2. The child to be adopted need not be capable of being taken in adoption
3. The person(s) adopting the child must be a Hindu
4. The adoptive parent and the adoptive child of different sex must have an age difference of at least 18 years

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Answer and explanation

Correct answer B

Only statements 1 and 3 state valid requirements. Section 6 of the Hindu Adoptions and Maintenance Act, 1956 requires that the person adopting has the capacity and the right to take in adoption, that the person giving has the capacity to do so, and that the person adopted is capable of being taken in adoption, so statement 2 is wrong. Sections 7 and 8 give the capacity to take in adoption only to a Hindu male or a Hindu female. Under section 11, where the adoptive parent and the child are of different sex, the adoptive parent must be at least twenty-one years older, not eighteen.

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