Section 17: Prohibition of certain payments

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

Legal Commentary & Landmark Judgments: Section 17

Section 17 imposes a strict criminal prohibition against giving or receiving any payment, reward, or consideration in connection with an adoption, penalizing baby-selling and child trafficking.

  • Absolute Prohibition of Consideration: No person shall receive or agree to receive any payment or reward in consideration of the adoption of any person, and no person shall give or agree to give such payment or reward.
  • Criminal Penal Sanction: Punishable with imprisonment which may extend to six months, or with fine, or with both.
  • Sanction Requirement (Section 17(2)): No prosecution under this section shall be instituted without the previous sanction of the State Government or an authorized officer.
Key Landmark Precedents:
  • L.K. Pandey v. Union of India (1984) 2 SCC 244: The Supreme Court issued landmark guidelines governing domestic and inter-country adoptions, emphasizing that adoption must be driven purely by child welfare; any monetary exchange violates Section 17 and constitutes illegal trafficking.
  • In Re: Adoption of Payal (2000) 102 (2) Bom LR 855: The High Court held that legitimate agency administrative fees under CARA regulations do not violate Section 17, but any private payment to biological parents renders the adoption suspect and illegal.
Courtroom Practice & Strategic Litigation Guidance:

When drafting adoption deeds, include an express covenant affirming that no money, consideration, or reward has been paid or received by either party, thereby establishing compliance with Section 17 and protecting the transaction from criminal challenge.