my husband adopted a child without my permission
Querist :
Anonymous
(Querist) 24 July 2016
This query is : Resolved
I am separated with my husband during last 3 yrs and divorce case is running during last 1 yr. In the mean time, nearly 1 mnth ago i got the news from one of our relatives that my husband has adopted a child. He has made it by IVF method by his own sperm, i dont know who has donate the egg. I asked him about this and he admitted tht the child is his own child of his own sperm, and he also said tht i hav no right to ask him anything in this regard as i am separated...he wanted to hav a child and so he hav made this. Can i take any legal step?
Hemant Agarwal
(Expert) 24 July 2016
1. FIRSTLY, you must be having a legal name, ELSE the court is not going to entertain any divorce proceedings IF you appear as "Anonymous" (surprising ! ! ! !) AND NEITHER this "expert" section should entertain any such query.
2. SECONDLY, IF the child is born thru IVF, THEN the child CANNOT be declared as "adopted".
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Dr J C Vashista
(Expert) 24 July 2016
Instead of waiting for FREE LEGAL ADVISE of the experts on this platform an "anonymous" author is advised to consult a local prudent lawyer.
P. Venu
(Expert) 24 July 2016
The facts disclosed do not suggest a case of adoption.
By the way, who is taking care of the child? Also, what are the grounds for seeking divorce?
Devajyoti Barman
(Expert) 24 July 2016
Anonymous query...no reply..
It is sometime really surprising how the veteran experts here in spite knowing the unanimity among us replies anonymous query.
R.K Nanda
(Expert) 24 July 2016
No reply to aq.
Kumar Doab
(Expert) 24 July 2016
Repeated also;
http://www.lawyersclubindia.com/experts/My-husband-made-a-child-by-IVF-without-my-consent-609096.asp
with some change in text.
Guest
(Expert) 24 July 2016
Madam, whosoever anonynous you are,
There is a vast difference between an adopted child and your husband's own child through a surrogate mother.
Moreover, when you have decided to get separated and also living separately for the last three year, why you are worried about the child your husband got with his own sperm, when he has not made you responsible for bringing up that child.
It seems your divorce case is also based on your being childless, as you have not discussed about your own children, is not it?
You have also not stated, whther you want divorce or not.
So, for the present validity of your question is null until you start living with him on withdrawal of the divorce case.
P. Venu
(Expert) 24 July 2016
Yes, this could be the root of the marital discord which has led to the divorce proceedings. In fact, I have mad the following suggestion in the other thread at http://www.lawyersclubindia.com/experts/My-husband-made-a-child-by-IVF-without-my-consent-609096.asp, persumably opened by the same author.
"It could also be that at the root of your marital discord is that your husband longs deep for an off-spring and, for reasons best known to yourself, you are unable fulfil his longing. Please note that the strongest urge in any ordinary human being is to perpetuate the race.
Anyhow, this incident is of much novelty as to marital discord and it could be of much interest whether courts would take the view that this amounts to marital cruelty."
Kumar Doab
(Expert) 25 July 2016
Anonymous and repeated query.
