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Alok (Doctor)     14 October 2013

Adoption by mistake

I was adopted by my mother's real sister in 1980 at my age of 17 years, through a registered deed. My adoptive parents and biological parents had some arguments since last 6 months. My adoptive parents, after 33 years of adoption,  now claim that the adoption was made my 'MISTAKE', as they were not aware of the law of the land which routinely permits adoption of child upto 15 years age only. I have all evidence to state that I have given parental love, respect and regard to my adoptive parents over these 33 years. My queries are:-

Is the contention of 'mistake' tenable in court of law to declare this adoption as void?

In case answer is No, can i claim absolute succession rights of  property of my adoptive parents on the plea that I have already severed all relationships with my biological parents since date of adoption, and can only have right on my adoptive parent's property. All ancestral property has already been sold.



Learning

 1 Replies


(Guest)

@ Author,

 

1. Yes it is true that Adoption act permits the adopter to adopt child upto 15 years and the female or male who are adopting must be greater than 21 years of age considering of child who is to be adopted.

 

2. With proper consent of natural father and mother of adopted child by a an adoption deed present of witness.

 

3. But in exclusive cases according to customs below 18 years also been allowed by considering the facts and circumstances of the adopter i.e the child within the family members been adopted due to no legal heir or no any son been born in the family who is ready to adopt.

 

4. Consult a good family lawyer with the document pertaining to registeration of such deed.

 

regards.


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