A Hindu female of thirty years adopts a boy of twelve years. Examine the validity of adoption.

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Answer:

The adoption is not valid as per Sec. 11 of the Adoptions and Maintenance Act 1956.

 

Sec. 11 gives the conditions required to be fulfilled in the case of adoption. It says that if the adoption is by a female, and the person to be adopted is a male, then the adoptive mother should be older than the adoptive son by not less than 21 years.

 

In the given problem, the Hindu female is of 30 years and the boy adopted is of 12 years.  The difference of age between the two of them is only 18 years which is short of 3 more years. Hence, this condition not being fulfilled, it is not a valid adoption.

Last Updated On January 29, 2018
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