(1) In effecting 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),
if the father and mother are separated because of the dissolution of
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.
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(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 requires
to be given voluntarily.