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Gopal   01 December 2018

Cancellation of adoption deed by mutual consent

Hi,

We have given adoption of Boy child to my wife's elder sister (she is a widow with no children) and adoption deed was registerred in the sub-registrar office. Now she want to cancel the adoption deed as she lost patience to raise the kid.Now the kid's age is 12 years and adoption took place when the kid was 10 months old.  Is it possible to cancel the adoption deed with mutual concent of bio-logical parents and adopted parents. She filed a suit in court  for cancellation of the deed. 

Please suggest me.

Thanks, Gopal.



Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     01 December 2018

Dear querist,

 

Incase adopted mother has already filed suit in court, you can mark your presence as and when required and work with her for early disposable of case. You can give your consent for cancellation of adoption deed in concern court.

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Kumar Doab (FIN)     01 December 2018

The natural, adoptive, adoptee can approach court.

Engagage a very able LOCAL counsel with successful track record and understand the startegy and inputs of your counsel.

GO thru;

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

15. Valid adoption not to be cancelled- No adoption which had been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.

 

There are many threads on adoption at LCI e.g;

“Revocation of adoption deed”

 

Delhi High Court

Sahib Singh vs Arvinder Kaur & Ors. on 24 January, 2013

Author: Sanjay Kishan Kaul

Shashi Dhara   01 December 2018

Adoptive mother adoptive father adoptive child adopted mother &adopted father can only challenge the adoptions. So here adopted mother is trying to cancell adoption. Winning chances is lesson.

Gopal   01 December 2018

Thank you All for your prompt response. My lawyer is saying 'adoption deed can't be cancelled once executed.

If adoption get cancelled, does the child loose all rights in the adoptive family(ex: property rights ) ?

Kid school record and Aadhar card is on adopted mother name.


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