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Vikram RMD (Acc)     19 May 2010

Adoption Consent by Biological father

I need to send consent for adoption of my biological child by new husband of my ex-wife who is biological mother of my child.

Child was born in india, but taken by ex-wife to foreign land a few years back, with due permission of the courts.

Ex-wife, New husband, and abovementioned child, all live under one roof in foreign land.

Adoption is being carried out in a foreign land, as per their laws and procedures. For this purpose, I have been sent a consent for adoption form by their authorities.

My current understanding is that the consent form (applicable in foreign land) needs to be notorised and that's all that I need to do, on my part.

I am interested in knowing only in what I need to do, as far as preparing the consent form for adoption (in foreign land) is concerned.

Just simple notorisation is enough? Its a simple consent form.

Thank you in advance.



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 2 Replies

N.K.Assumi (Advocate)     19 May 2010

I am of the view that just a simple declaration will be sufficient executed before the Notary . But to protect yourself in the future, first you have to  make up your mind that you will not claim your Son in future before you give your consent to the Biological Certificate for adoption of your Son by the step father, as once you give your consent to the Biological certificate you will lose your right in the future to legally sue  for parental rights based on DNA as proof  that you are the father.

Now, if you as the biological father is agreeable to this arrangement the adoption attorney there in Canada will first proceed to have your parental rights as biological father to have been voluntarily terminated once you give your consent. Once parental rights of the biological father is terminated then the step father can adopt the child.

 

I would caution you to think over very seriously before you give your consent, so that everything is done legally and in the interest of your son and yourself which will prevent any repercussions in the future should you have a change of heart. People grow and change so dont think it won't happen to you. And once the step father has completed the adoption of your child then his name will appear on the birth certificate etc; as his father, and you will have no laim over you son in future.

1 Like

Vikram RMD (Acc)     19 May 2010

Sir, thank you for your answer.

If I, the relinquishing father, get the consent form executed by the Notory, then I suppose my part of the work is done, as you have said.

Thank you for the warnings about change of heart as well as the other information.

Sir, you mentioned something about the adoption attorney moving to get my parental rights terminated.

My questions is: Isn't my consent for adoption by prospective adoptive father enough to terminate my parental rights?


The adoption attorney in my situation is a foreign attorney. Child was born in india but lives abroad now, like I mentioned earlier.

I have been told till now that my role is to just sign the consent form and send to the foreign officer. No more. What are your comments on this?

Yes, I have been told that if the adoption order is passed successfully, then adoption order will be sent to india for amendment of birth certificate.

My interest is to understand my involvement in the entire process. Till now, I am under the impression that all I have to do is give the consent for adoption on paper. And no more.

What do you have to say?

Thanks.


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