Section 8 in The Hindu Adoptions And Maintenance Act, 1956
8. Capacity of a female Hindu to take in adoption.—
Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband 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.
