Section 171: Prohibition on adoption by person having child

1) No person (prohibition) having his or her own son shall adopt a son, and no person, having his or her own daughter, shall adopt a daughter pursuant to this Chapter.

2) Notwithstanding anything contained in sub-section (1), if a son or daughter does not live with a man or woman who is living separately by reason of judicial separation, such a man or a woman may adopt a son or a daughter.

Explanation: For the purposes of this Chapter and Chapter 9 of this Part, the term “judicial separation” means a circumstance in which a person obtains partition of property according to the order of the court, or lives separately according to law, or lives separately after separation of bread and board from other coparceners.

3) Notwithstanding anything contained in sub-section (1) or (2), if a person who has a biological son or daughter makes a petition in the concerned court for the adoption of another child, disclosing therein his or her financial capacity to make arrangements for the maintenance, health care, education and care of the child, and if, upon inquiring into such a petition, it appears that the petitioner has such status, the court may grant permission to him or her to adopt such child.