(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of sub-section (3) and sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with the consent of the other, unless one of them 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) [Sub-section (3) omitted by Act 30 of 2010, s. 3 (w.e.f. 31-8-2010).]
(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 a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child.
Legal Commentary & Landmark Judgments: Section 9
Section 9 of the Hindu Adoptions and Maintenance Act, 1956 specifies the persons legally competent to give a child in adoption.
Sub-section (5) mandates that the court, before granting permission, must be satisfied that the adoption is for the welfare of the child and that no financial consideration has been paid.
Section 9 prevents unauthorized relatives, intermediaries, or nursing homes from relinquishing children into adoption. Only the biological parents acting jointly, or a legal guardian acting with prior court permission, can execute a valid surrender and giving in adoption. Any violation renders the adoption void, leaving the child's legal status in the adoptive family nonexistent.