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Mohandoss.R. (Assistant)     06 January 2018

Adopting son alongwith biological son

1.    Son got divorce from his wife; Their 3 years old BOY child with its Mother; Son intends to get custody after 5 years of age;

 

2.    His Remarriage with a divorced women is underway. She has 2 year old Boy Child; Biological father does not want custody & visitation rights.

 

3.    My Son, after marriage with that woman, would adopt that 2-yr old Boy;

 

Is it valid adoption, when his own Son is alive, but with its Mother?

 

Should this Adoption be done thro’ CARA Authorities.?



Learning

 2 Replies

Kumar Doab (FIN)     06 January 2018

Which personla law applies in this case e.g; Hindu?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 January 2018

  • “Any male Hindu (including Buddhist, Jain or Sikh by religion)  who is of sound mind, not a minor and is eligible to adopt a son or a daughter”. But if such male has living spouse at a time of adoption then he can adopt a child only with a consent of his wife (unless she has been declared incompetent to give her consent by the court).

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