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smitha (wife)     30 October 2010

Need help ..plz

Hi

Thanks in advance for helping us. We need a legal help based on it, my family can make a step forward

My Sister, who was divorced 3 years back, wants to adopt a toddler aged 4 years, from the father (daily laborer) who is willing   to give his baby for adoption.  Actually he claims that baby's mom has passed away and later he got married and his wife is not able to adjust with the baby.

I am bit worried about her decission..but she is keen on this private adoption with both parties  mutual agreement. She went to a adviser, who told her if she gets the papers registered there will not be any issues later.

 Kindly suggest us what documents and measures would we be requiring from the baby’s father.

Can he claim for his baby later?

Can the baby’s parents claim my sister’s property later?

 



Learning

 9 Replies

Suchitra. S (Advocate)     30 October 2010

Madam, a deed of adoption which is registered is enough to have a baby adopted. After adoption the natural parents will not have rights either to claim the baby, or property from adoptive parents.

smitha (wife)     30 October 2010

Thanks a lot  Suchitra for quick response......

 

 

 

Kirti Kar Tripathi (lawyer)     30 October 2010

Agree with Suchitra. Deed of adoption is sufficent. Moreover, under the law, the ceremony of Home is necessary. so perform the said ceremony before drafting deed and mention this fact in deed also.

venkatkrishna (AGM)     30 October 2010

Ms.Smitha

Good Morning.   I would like to add some more important  points of Law of Adoption.  These points are in addition to the valuable suggestions given by Ms.Suchitra, Advocate and Kirti Kar T. Advocate.

I have taken some important poinst   only from the Act.   The following  attachments  are  the copy pasted from the Act  (  with deletions of  unnecessary portion)  It is very useful for you. 

2. Application of Act.- (1) This Act applies –  to Hindus, Buddhist, Jains and Sikhs only. ( not applicable for Muslims, Christian, Parsi or Jews by religion).

( this Act is not applicable to members ST as per Clause 25 of Art 366 of  Indian Constitution unless Central Govt by notification in  Official Gazette or directs)

6. Requisites of a valid adoption.- No adoption shall be valid unless-

(i) the person adopting has the capacity, and also the right, to take in adoption;      (ii) the person giving in adoption has the capacity to do so                                    (iii) the person adopted is capable of being taken in adoption, and                        (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.

8. Capacity of a female Hindu to take in adoption.- Any female Hindu-

(a) who is sound mind,                                                                                               (b) who is not a minor, and                                                                                (c) a Hindu widow                                                                                          Has the capacity to take a son or daughter in adoption

10. Persons who may adopted.- No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :-

(i) he or she is Hindu,                                                                                        (ii) he or she not already been adopted.                                                             (iv) he or she has not completed the age of fifteen years

11. Other conditions for a valid adoption.- In every adoption, the following conditions must be complied with :-

(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption.

 (vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family or its both to the family of its adoption.

Provided that the performance of datta homam shall not be essential to the validity of adoption.

12. Effects of adoption.- An adopted child shall be deemed to be the child of his adoptive mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his birth shall be deemed to be served replaced by those created by the adoption in the adoptive family:

13. Right of adoptive parents to dispose of their properties.- Subject to any agreement to the contrary an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.

15. Valid adoption not to be cancelled. -

17. Prohibition of certain payments.- (1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward of which is prohibited by this section.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

(3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorised by the State Government in this behalf

 

Poorani (Nil)     30 October 2010

Hello,

My friend she got married in 2004,her husband was working in IT Company.She lived in In-law's place.They both were doing good.And after some time with in 1 month of marriage, problem started with them.Because of father-in-law,he too a leading Lawyer,he asked my friend to do all the work at home when there was 2 to 3 maid were at home as full time.She couldn't talk to her parents.Her parents came to knew that their daughter was suffering in that home.But they didnt interfere.

After 3 months,there was some misunderstading between father and son,so they left that home and went to rented home.Her parents gave all the stuff's(T.V,Fridge,Washing Machine....etc) and after this they used to go to visit her husband's In-law's place in every week end.Again the problem started between them,finally she came to her parents place.They got seperated.With in 1 and half year,her brother helped them to meet in a certain place,again they started to meet and her husband booked a room without knowledge of his parents they stayed together.And her parents knew this and they went to their home and spoke to their parents for to get rejoin .They didnt accept so her parents and she came out of their house.after that no contact.

 

In an year,when her brother's marriage they just sent the invitation card to her husband,she and her family didnt expect,her husband came for that marriage.They talked and they got reunited in 2008.They were lived happily in different city.She got preganant and for the delivery she went to her native place.She gave birth to a baby boy.And Still their parents didnt like my friend.In this time,they took control of her husband.And he is not coming to see his son,and wife.His father asked his not to spend money for your son.They sent all my sister's stuff's back.They both are not talking.He is not giving money to his wife and son.

Her father only spending money for them.Can u plz tell what to do in this case?

venkatkrishna (AGM)     30 October 2010

Ms.Poorani.

You are supposed to put your  message in others.  Pl  put your message separately.   Next  the present generattion  hates  elders  and  it is common fenomina .  Every  daughter-in-law story is same.  

Suchitra. S (Advocate)     31 October 2010

Poorani Madam, please understand advocates are here to guide people about legal options available though we advise mediation, counselling before one goes forward to file a suit. So, same advise would follow here in your case too. Try getting things right by  having meetings with elders, relatives or close friends to settle the matter of dispute. Let us know from the wife what she expects from her husband if she decides to part from him. Then accordingly we can advise.

Taking legal steps should be the last resort specially in family matters.

venkatkrishna (AGM)     31 October 2010

Ms.Poorani

( in my reply there is a mistake.  the first sentence pl read as " you  are not supposed to  put your message here,  because  this particular  page is for  smitha only" 

Next

I agree with  Advocate Suchitra  and  do follow  her  valuable suggestion.   Please dont  put  your quary  in others page.  Please fillow  the LCI norms.


(Guest)

Agree With Suchitra .s:D Just follow the advise .

For adoption procedure just go to www.chetana.org.in/_media/adoption_procedure.pdf?id


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