Section 175: Consent to be obtained for adoption

1) In effecting the adoption of a child, the adopter shall obtain written consent of both father and mother of such a child, if both of them are surviving, and of the surviving father or mother, as the case may be, if either of them is surviving.

2) Notwithstanding anything contained in sub-section (1), matrimonial relationship between the husband and wife or judicial separation, and a child living with such a father or mother according to the agreement made at the time of such dissolution or judicial separation is intended to be adopted, the adopter shall obtain consent of the person with whom, out of the father and the mother, the child has been living.

3) Notwithstanding anything contained in sub-section (1), adoption of a child whose father and mother are not traced or surviving or a child whose father and mother are surviving but who has been maintained or cared by a person or organization following the conclusion of another marriage either by his or her father or mother may be effected by obtaining written consent of the person or organization so maintaining or caring the child.

4) While adopting a child above ten years of age pursuant to sub-section (1), (2) or (3), written consent of such a child shall also be obtained.

5) Written consent referred to in sub-section (4) shall be executed by the concerned child in the presence of his or her father, mother or guardian or curator exercising the maternal and parental authority.

6) Before obtaining consent pursuant to this Section, information shall be given to the person putting a child up for adoption, guardian or curator and the child about, inter alia, the meaning, legal status and consequences of adoption.

7) No financial inducement of any type shall be made in obtaining consent pursuant to this Section, and such consent shall be given voluntarily.