In every adoption, the following conditions must be
complied with:―
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must
not have a Hindu son son’s son or son’s son’s son (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made
must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at
least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at
least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or
guardian concerned or under their authority with intent to transfer the child from the family of its
birth 1[or in the case of an abandoned child or a child whose parentage is not known, from the place
or family where it has been brought up] to the family of its adoption:
Provided that the performance of datta homam shall not be essential to the validity of an
adoption.
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