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 to the family of its adoption:
Provided that the performance of datta homam shall not be essential to the validity of an adoption.
Legal Commentary & Landmark Judgments: Section 11
Section 11 of the Hindu Adoptions and Maintenance Act, 1956 prescribes mandatory statutory conditions for a valid adoption, establishing age differentials, prohibition against adopting a child of the same sex as an existing child, and the requirement of actual giving and taking.
In partition or inheritance suits where an adversary claims title as an adopted son, verify the ages of the parties; if the adoptive mother was not at least 21 years older than the adopted son, the adoption is void as a matter of law.