Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu mother wishes to give a child born outside…
Section 9 permits a parent to give a child in adoption. A mother who is the child’s sole carer can act without the consent of an uninvolved putative father treated as…
Choose your answer
Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu mother wishes to give a child born outside marriage in adoption. The child is in her sole care and the putative father has never been involved. Which rule applies to the mother?
Answer and explanation
Correct answer B
Section 9 permits a parent to give a child in adoption. A mother who is the child’s sole carer can act without the consent of an uninvolved putative father treated as absent. Section 6(b) of the Hindu Minority and Guardianship Act, 1956 places the mother first as natural guardian of a child born outside marriage. Other requirements for a valid adoption continue to apply.
Option feedback
Option A
In these circumstances the uninvolved putative father is treated as absent for the consent requirement.
Option B
The mother can give the child in adoption without the consent of the uninvolved putative father, subject to the Act’s other requirements.
Option C
The mother acts as a parent under Section 9, rather than as a guardian appointed by a court.
Option D
Section 9(4) governs prior permission for a guardian in the circumstances specified there. The mother here acts as a parent.
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