Sir if the other family is hindu too and the child is below age of 15 years the family can give you adoption through an adoption deed directly under Hindu Adoption And Maintenance Act.
The terms and condition has to be followed there must a adoption ceremony for giving and taking adoption of child, the deed. the capacity of parents to give in adoption and capacity of parents adopting.
Kindly refer the below provision for an understanding of the act
7. Capacity of a male Hindu to take in adoption- Any male Hindu who is of
sound mind and is not a minor has the capacity to take a son or a daughter in
adoption.
Provided that, if he has a wife living, he shall not adopt except with the consent
of his wife unless the wife has completely and finally renounced the world or has
ceased to be a Hindu or has been declared by a court of competent jurisdiction
to be of unsound mind.
Explanation-If a person has more than one wife living at the time of adoption,
the consent of all the wives is necessary unless the consent of any one of them
is unnecessary for any of the reasons specified in the preceding proviso.
8. Capacity of a female Hindu to take in adoption- Any female Hindu-
(a) who is of sound mind,
(b) who is not a minor, and
(c) who is not married, or if married, whose marriage has been dissolved or
whose husband is dead or has completely and finally renounced the world or
has ceased to be a Hindu or has been declared by a court of competent
jurisdiction to be of unsound mind,
has the capacity to take a son or daughter in adoption.
9. Persons capable of giving in adoption- (1) No person except the father
or mother or the guardian of a child shall have the capacity to give the child in
adoption.
(2) Subject to the provisions of sub-section (3) and sub-section (4), the father,
if alive, shall alone have the right to give in adoption, but such right shall not be
exercised save with the consent of the mother unless the mother has
completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind.
(3) The mother may give the child in adoption if the father is dead or has
completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind.
(4) Where both the father and mother are dead or have completely and finally
renounced the world or have abandoned the child or have been declared by a
court of competent jurisdiction to be of unsound mind or where the parentage
of the child is not known, the guardian of the child may give the child in
adoption with the previous permission of the court to any person including the
guardian himself.
(5) Before granting permission to a guardian under sub-section (4) the court
shall be satisfied that the adoption will be for the welfare of the child, due
consideration being for this purpose given to the wishes of the child having
regard to the age and understanding of the child and that the applicant for
permission has not received or agreed to receive and that no person has made
or given or agreed to make or give to the applicant any payment or reward in
consideration of the adoption except such as the court may sanction.
Explanation- For the purposes of this section-
(i) the expressions "father" and "mother" do not include an adoptive father and
an adoptive mother,
(i-a) "guardian" means aperson having the care of the person of a child or of
both his person and property and includes-
(a) a guardian appointed by will of the child's father or mother; and
(b) a guardian appointed or declared by a court; and
(ii) "court" means the city or civil court or a district court within the local limits
or whose jurisdiction the child to be adopted ordinarily resides.
10. Persons who may be adopted- No person shall be capable of being taken
in adoption unless the following conditions are fulfilled, namely-
(i) he or she is a 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.
11. Other conditions for a valid adoption- In every adoption, the following
conditions must be complied with:
(i) if any adoption is of a son, the adoptive father or mother by whom the
adoption is made must not have a Hindu son, son's son or son's son's son
(whether by legitimate blood relationship or by adoption) living at the time of
adoption;
(ii) if the adoption is of a daughter the adoptive father or mother by whom the
adoption is made must not have a Hindu daughter or son's daughter (whether
by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the
adoptive father is at least twenty-one years older than the person to be
adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the
adoptive mother is at least twenty-one years older than the person to be
adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the
parents or guardian concerned or under their authority with intent to transfer
the child from the family of its birth or in the case of an abandoned child or a
child whose parentage is not known, from the place or family where it has been
brought up to the family of its adoption.
Provided that the performance of datta homan, shall not be essential to the
validity of an adoption.
