14. DETERMINATION OF ADOPTIVE MOTHER IN CERTAIN CASES.-

1. Where Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother.

2. Where an adoption has been made with the consent of more than one wife, the senior most in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.

3. Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child.

4. Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child. 

Section 14 of the Act explains the rule to determine as to who is the adoptive father or adoptive mother of the adoptee.

The Act does not provide as to determination of adoptive mother or father in case any party to marriage divorces the other.

When divorced woman on being issueless adotps a child and later on remarries another person, such husband becomes the step-father of the adopted child. The Act is silent on this point.

Similarly, where a divorced husband adopts a son on being issueless and thereafter marries, his wife would become the step-mother of the adopted son. The Act does not lay down any express provision with respect to this kind of situation.

But the presumption is that whatever consequences will ensue in case of marriage by an unmarried woman or a widower the same consequences will follow in the above two conditions.

15. VALID ADOPTION NOT TO BE CANCELLED. -

No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child  renounce his or her status as such and return to the family of his or her birth.

A valid adoption made by a person cannot be cancelled by any of the parties to the adoption or by any other person, nor can the adopted child give up his or her status as such adopted child and claim rights in the family of his or her birth.

An adoption once made is irrevocable.

It is, however, open to the adopted child to give up or modify, his or her rights to properties and inheritance in the adoptive family either before or after adoption.

NOTE

The adoption is to be proved as a fact and the burden is on the person who asserts so.( Kishore Lal v. Chalti Bai, AIR 1959 SC 504).

16. PRESUMPTION AS TO REGISTERED DOCUMENTS RELATING TO ADOPTION.-

Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

An adoption whether oral or written shall be proved as a fact and burden of proving the same shall be on the person who alleges the adoption. However when the fact of adoption is mentioned in a registered document then there arises a rebuttable presumption in favour of adoption.

KISHORE LAI V. MST. CHALTI BAI AIR 1959 SC 504

In above case the Supreme Court held that the adoption is to be proved as a fact and the burden is on the person who asserts so.

The mere fact that the adoptive mother has admitted the adoptive boy as adopted son on earlier occasion will not be of any avail. The alleged adoptive mother cannot be said to be estopped by her conduct to prove by evidence that no adoption has in fact been done.

The presumption provided by above Section 16, shall not be made unless the following conditions are complied with :—

1. There must be a document.

2. It must be registered under the law in force.

3. It must support to record an adoption.

4. The document must be signed by both the giver and the taker of the child in adoption and not by only one of them.

5. It must be produced before the court.

If any of the above ingredients is Wanting, the presumption cannot arise.

SHABNAM HASHMI V. UNION OF INDIA (AIR 20014 SC 1281.)

In above case, the Apex Court of India, that right to adopt and be adopted is not at present be declared as fundamental right covered by Article 21 of Indian Constitution.

In this case the Supreme Court took the view that at present it is not an appropriate time and stage, where the right to adopt and the right to be adopted is declared as fundamental right under Article 21, of Indian Constitution.

17. PROHIBITION OF CERTAIN PAYMENTS.-

1. No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward of which is prohibited by this section.

2. If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

3. No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authrorised by the State Government in this behalf.

Section 17 of the Act prohibits receipt or agreement to receive, or the giving or agreement to make or give any pecuniary advantage of payment of any kind in consideration of an adoption.