Adoption

This query is : Resolved 
 

Online (Querist)
17 April 2020

Whether Deed of Adoption is mandatory under Hindu Adoption and Maintenance Act 1956?


Raj Kumar MakkadOnline (Expert)
17 April 2020

This is your repeated query. The reply of your query is Yes.

KISHAN DUTT RETD JUDGEOnline (Expert)
18 April 2020

Dear Sir,
I agree with the opinion of Expert Mr.Raj Kumar Makkad

Rajendra K Goyal Online (Expert)
18 April 2020

Following lines of CARA book are relevant:

Page 64 OF CARA Book
Orders of Some Courts for Registration of Adoption Deeds Despite Adoption Orders Issued Under JJ Act

___ Order dated 21.12.2016 [para 38(1)] of Ld. District Judge, Raigarh (Chhattisgarh) in Misc. Civil Case No.75/2016, directing the adoptive parents to execute Adoption Deed, despite the said Order being passed under JJ Act, 2015.

____ Judgement dated 14.08.2013 of Hon’ble High Court of Bombay (Division Bench) in Writ Petition No.1617/2013, vide which it has been observed that it is the act of adoption and not an Adoption Deed which confers the status of an adopted son. A perfectly valid adoption can be made without an Adoption Deed (para 9) and the issuance of passport for the child could be made in accordance of law, without insisting upon production of registered Adoption Deed (para 13).

Rajendra K Goyal Online (Expert)
18 April 2020

It is always better to execute and Register a Registered Adoption Deed.
+

P. Venu Online (Expert)
18 April 2020

Why many a query? What is the real issue?

Raj Kumar MakkadOnline (Expert)
18 April 2020

The clear words used in Section 16 of the Act emphatically require that in the event of production of a registered document of adoption, the party challenging the document has to disprove that the adoption has not been made in compliance with the provisions of this Act. The said mandatory clause imposes heave onus on the party challenging the registered adoption deed to disprove the claim of adoption but post the real facts so as to facilitate the experts to reply exactly what ever the problem is coming before you. You can even personally get the advice if not on this public place.

Rajendra K Goyal Online (Expert)
19 April 2020

What are the real facts of the query?

whether the adoption is challenged, how and on what grounds?

When the adoption was affected?

It is always better to have registered adoption deed.

Sudhir KumarOnline (Expert)
20 April 2020

https://www.lawyersclubindia.com/experts/Adoption-718261.asp

https://www.lawyersclubindia.com/experts/Adoption-718266.asp

https://www.lawyersclubindia.com/experts/Adoption-718251.asp

https://www.lawyersclubindia.com/experts/Adoption-718256.asp

what is the fun in spread one simple query on so many threads without giving complete (even matrial facts on even a single thread.

Beware. Prima-facie no adoption is valid unless :--

1. Registered
2. Consent to natural parents (court permission in case of orphan)
3. Child to be hindu
4. Natural parents to be hindu
5. Adoptive parents to be hind
6. Child not already adopted
7. Child below15 yeas
8. Child not married

If really having a problem and wanting to have considered views of experts, give all facts in one thread.

Rajendra K Goyal Online (Expert)
20 April 2020

The essentials prescribed by section 6 of the Hindu Adoption and Maintenance Act, 1956 are:
1. The person adopting has the capacity, and also the right, to take in adoption;
2. The person giving in adoption has the capacity to do so;
3. The person adopted is capable of being taken in adoption; and
4. The adoption is made in compliance with the other conditions mentioned in this Chapter.

Section 17 of the Registration Act specifically refers to the documents of which registration is compulsory. The deed of adoption is not one of the documents mentioned in sub-section 1 of Section 17 which mandatorily required registration. Sub-section 3 of Section 17 only refers to the mandatory requirement of registration of an authorization that may be given for adopting a son executed after 01.01.1872 if such authorization was not conferred by a Will. Dealing with the said provision relating to authorization, it has been held in the decision reported in Vishvanath Ramji Karale V. Rahibai Ramji Karale and others - AIR 1931 Bombay 105 by a deed of adoption as distinguished from authority to adopt does not require registration.

Raj Kumar MakkadOnline (Expert)
20 April 2020

It is very strange that one of the experts uses one thread for intimating the author that his query is repeated. In subsequent thread he asks the additional facts from the author and then in third thread, he without waiting for the real facts posts his reply presuming and assuming the facts. If the reply had to be offered, what was need for the first two h=threads? If first thread had to be mentioned then there was no need for two subsequent and vice versa. Again score hungering tactics.

Rajendra K Goyal Online (Expert)
21 April 2020

Adoption Regulations, 2017.
12. Legal procedure
(9) Registration of an adoption deed shall not be mandatory as per the Act.

Raj Kumar MakkadOnline (Expert)
21 April 2020

12. Legal procedure.- (1) The Specialised Adoption Agency shall file an application in the court concerned, having
jurisdiction over the place where the Specialised Adoption Agency is located, with relevant documents in
original as specified in Schedule IX within ten working days from the date of matching of the child with the
prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection
Certificate from the Authority, for obtaining the adoption order from court.
(2) The Specialised Adoption Agency shall file an application in the given format as per Schedule XXVIII or
XXIX, as applicable.
(3) In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in
another district, the Specialised Adoption Agency shall file the application in the court concerned, in the district
where the child or the Specialised Adoption Agency is located and in such a case, the Child Care Institution will
be a co-petitioner along with the Specialised Adoption Agency and the Child Care Institution shall render
necessary assistance to the Specialised Adoption Agency concerned.
(4) In case of siblings or twins, the Specialised Adoption Agency shall file single application in the court.
(5) Since an adoption case is non-adversarial in nature, the Specialised Adoption Agency shall not make any
opposite party or respondent in the adoption application.
(6) The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months
from the date of filing of the adoption application by the Specialised Adoption Agency, as provided under subsection (2) of section 61 of the Act.
(7) The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the
name of the child, considering the fact that their psycho-social profile and financial status have already been
ascertained from the Home Study Report and other supporting documents.
(8) The Specialised Adoption Agency shall obtain a certified copy of the adoption order from the court and shall
forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and
update the relevant entries in the Child Adoption Resource Information and Guidance System.
(9) Registration of an adoption deed shall not be mandatory as per the Act.
(10) The Specialised Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth
certificate of the child within three working days from the date of issuance of adoption order, with the name of
adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by
the issuing authority within five working days from the date of receipt of the application.
(11) The Specialised Adoption Agency shall submit an affidavit to the court while filing a petition as provided in
Schedule XXIII.

Raj Kumar MakkadOnline (Expert)
21 April 2020

The registration is no mandatory only n case the adoption is through an agency. As the agency itself stands registered hence it has not been made compulsion to separately register the adoption but the query of the author is not related with the adoption agency hence the reply of expert Rajender Kumar Goyal is not applicable in the present matter.

Sudhir KumarOnline (Expert)
22 April 2020

https://www.lawyersclubindia.com/experts/Adoption-718261.asp

https://www.lawyersclubindia.com/experts/Adoption-718266.asp

https://www.lawyersclubindia.com/experts/Adoption-718251.asp

https://www.lawyersclubindia.com/experts/Adoption-718256.asp

what is the fun in spread one simple query on so many threads without giving complete (even matrial facts on even a single thread.

Beware. Prima-facie no adoption is valid unless :--

1. Registered
2. Consent to natural parents (court permission in case of orphan)
3. Child to be hindu
4. Natural parents to be hindu
5. Adoptive parents to be hind
6. Child not already adopted
7. Child below15 yeas
8. Child not married

If really having a problem and wanting to have considered views of experts, give all facts in one thread.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
22 April 2020

Mr.Sudhir Kumar Sir. There is no harm in having Fun Please

N.J.S.Rajkumar alias narasimhaOnline (Expert)
22 April 2020

Fun -- Meaning --- Enjoyment - Amusement -- Light Hearted Pleasure

N.J.S.Rajkumar alias narasimhaOnline (Expert)
22 April 2020

" Those who Criticize others are persons who are not comfortable with themselves "---- French quote

Rajendra K Goyal Online (Expert)
22 April 2020

As mentioned above repeat Deed of adoption is not mandatory for registration u/s 12 (9) Adoption Regulation 2017.



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