Report No. 153
Adoption of Indian Children by Foreigners
7. Who may Adopt.-
(1) Subject to sub-sections (2) and (3), a foreigner who has completed the age of twenty-five and is of sound mind may adopt a child under this Act.
Explanation.-In the case of adoption of a child by spouses the requirement as to age under this sub-section shall be deemed to have been satisfied if either of the spouses has completed the age of twenty-five years.
(2) A foreigner who is married shall not be entitled to adopt a child himself or herself alone but the husband and wife may, jointly adopt a child.
(3) A foreigner who is not married seeking to adopt a child shall be older than the child by at least twenty-one years:
Provided that the court may dispense with the requirements of this sub-section, if it is satisfied that there are any special circumstances which render it necessary to do so.
(4) Notwithstanding the provisions of this section, the mother or father of a child not born in lawful wedlock may, either alone or jointly adopt such child whether or not such mother or father of the child-
(a) has completed the age of twenty-five years; or
(b) is older than the child by twenty one years.