Under the Hindu Adoptions and Maintenance Act, 1956, an adopted child –
Under Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956, one of the mandatory conditions for a person to be capable of being taken in adoption is that 'he or…
Choose your answer
Under the Hindu Adoptions and Maintenance Act, 1956, an adopted child –
Answer and explanation
Correct answer B
Under Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956, one of the mandatory conditions for a person to be capable of being taken in adoption is that 'he or she has not already been adopted'. Furthermore, Section 15 provides that a valid adoption cannot be cancelled by the adoptive parents or any other person. Consequently, an adopted child cannot be given in adoption again.
Option feedback
Option A
Incorrect. Under Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956, a person who has already been adopted is incapable of being taken in adoption again.
Option B
Correct. Under Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956, no person shall be capable of being taken in adoption unless he or she has not already been adopted; hence an adopted child cannot be given in adoption again.
Option C
Incorrect. Even with the consent of the natural parents, a child who has already been validly adopted cannot be given in adoption a second time under Section 10(ii) and Section 15 of the Act.
Option D
Incorrect. The Court has no power under the Hindu Adoptions and Maintenance Act, 1956 to permit the re-adoption of a child who has already been validly adopted.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Assam Higher Judicial Service
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision