Who are persons capable of giving in adoption?
Only father, mother or guardian has capacity to give the child in adoption. This does not include adoptive father or mother. Guardian means the person having the care of the person of child or property or both. It also includes guardian appointed by the Will of father or mother or guardian appointed by the court.
If the father is alive, he shall alone have right to give in adoption but subject to consent of his wife (mother of the child). But, if the mother has completely and finally renounced the world or converted to other religions or has been declared a sof unsound mind by the competent court, consent of mother is not required.
The mother may also give the child in adoption but only if the father is dead, or has completely and finally renounced the world or has converted to some other religion or has been declared as of unsound mind by competent court.
The guardian may also give the child in adoption but only with previous permission of the court. He may adopt the child as his adopted child also. We all know that the guardian comes into picture only on death of natural parents. Apart from death of natural parents, the guardian may also give in adoption, if both the parents have completely and finally renounced the world or have abandoned the child or have been declared as of unsound mind by competent court or where the parentage of the child is not known.