Section 172: Adoption may be effected

1) The following person may affect the adoption of a child:

(a) A couple to whom no child has been born, even up to ten years of marriage,

(b) An unmarried woman aged forty-five years of age, a widow, a divorcee, or a judicially separated woman, having no son or daughter,

(c) An unmarried man aged forty-five or older, a widower, divorcee or judicially separated man, having no son or daughter.

2) Notwithstanding anything contained in sub-section (1), the following person cannot effect adoption:

(a) One who is of unsound mind,

(b) One who is convicted by the court of a criminal offence involving moral turpitude,

(c) One who does not have the financial capacity to afford maintenance, health care, education, sports facility, entertainment and care of the minor.

3) In effecting adoption by the husband or wife living in a joint family pursuant to this Section, they shall obtain each other’s consent.