Section - 10. Persons who may be adopted

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No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-
 (i) he or she is Hindu;
 (ii) he or she has not already been adopted;
 (iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the
parties which permits persons who have completed the age of fifteen years being taken in adoption.

COMMENTS
There is a bar imposed by this s. 10 and that being a married person cannot be adopted. But the case is different where there is some custom among Jats of Punjab and Haryana in having a legal sanction and judicially recognised where under the custom permits the adoption of married person-Amar Singh V.Tej Ram
1982 (84 )Punj LR 2387
The person above the age of 15 years cannot be given in adoption and if there is some custom
permitting that the same must be strictly pleaded and proved-Mahalingam v. Kannayyar AIR 1990 Mad. 333.
1989 (2) MLJ 3441
Existence of custom be it family or tribal custom having its applicability to the parties concerned whereby the adoption of a person married or of the age of more than 15 years is permitted, is all that is required to be established by the provision of section 10 so as to make adoption valid.-Maya Ram v. Jai Narian 1989 (1) HLR 352

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