(l) No person except the father or mother of the guardian of a child has the capacity to give the child in adoption.
(2) The father if alive, shall alone have right to give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
(3) The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or his ceased to be a Hindu or has been decided by a court of competent jurisdiction to be of unsound mind.
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ADVERTISEMENTS:
(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.
(5) Before granting permission to the guardian the court shall be satisfied that adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant and payment on reward in consideration of the adoption except such as the court may sanction.
The guardian who is entitled to apply for the permission of the court to give a child in adoption may be a testamentary guardian or a guardian appointed or declared by the court. Where there is no such guardian already for the minor, anybody who is interested in child being adopted may apply for necessary permission and have the adoptions done. Even a step mother can make such an application.