Adoption

This query is : Resolved 
 

Online (Querist)
17 April 2020

I wish to put facts of orphan and reason for adoption by us and also to avoid any complications regarding claim by others on my property


Dr J C VashistaOnline (Expert)
18 April 2020

Incomplete and vague facts posted can not lead to form an opinion and oblige.

Dr J C VashistaOnline (Expert)
18 April 2020

What are facts of "orphan", "reasons for adoption" ?
What and where is the property referred in the post ?
Who else is claiming your property ?

Dr J C VashistaOnline (Expert)
18 April 2020

It is advisable to consult a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding.

Rajendra K Goyal Online (Expert)
18 April 2020

Please mention:
Clear material facts of the problem.
Legal problem faced out of these facts.
If the matter is initiated in court, on what grounds, and issues to be decided.
What is meant by facts of orphan and reason for adoption.

P. Venu Online (Expert)
18 April 2020

The facts. as posted, lacks clarity. Why so many queries?

Raj Kumar MakkadOnline (Expert)
18 April 2020

I think you want to adopt a child from orphnage and want its procedure.

If i am correct then it is advised to move an application to the orphanage on their prescribed format which requires detailed information about you and your entire family. The said application is scruitinized by competent authorities in depth and if found eligible then the applicants are called in person on a particular day and adoption deed is written and is got registered qua the child to be adopted and enrire formalities are got completed and only then you can adopt the said child.

Such child shall be like your own and shall be entitled to inherit the properties in succession.

Rajendra K Goyal Online (Expert)
19 April 2020

If the child is / was adopted is orphan some of the basic requirement need to be fulfilled.

Process for Declaring Orphan/Abandoned Children Legally Free for Adoption

• To be produced before CWC within 24 hours along with the report about the facts and circumstances in which the child found (Sec 31 of JJ Act & Reg 6(2) of AR 2017)
• A copy of the above report as per Form 17 of JJ Model Rules, 2016 to be submitted to the local Police station within 24 hours
• Interim care order by CWC to a SAA or CCI to keep the child pending inquiry (Sec 36(1), 37(1) of JJ Act & Reg 6(4) of AR 2017)
• Photo publication of the child by DCPU in newspaper with in 3 working days to trace out the biological parents/legal claimant (Reg 6(6) of AR 2017)
• Entering of the particulars of the child in the designated Portal for missing and found children by the SAA or CCI concerned (Sec 32(2) of JJ Act & Reg 6(6) of AR 2017)
WHO CAN BE ADOPTED?
As per the Hindu law following child may be adopted namely-
• The child can either be a girl or a boy if he/she is a Hindu.
• He/ She has not been adopted before.
• The age of the child is below 15 years.
• The child should not be married.
As per the Guardianship law and The Juvenile Justice (Care and protection of children) ACT, 2015 following child may be adopted namely-
• Who is not a Hindu?
• Who is minor (not completed the age of 18 years).
• An orphan or abandoned or surrendered child.
WHAT ARE THE NECESSARY PROCEDURE FOR A VALID ADOPTION?
• Under The Hindu Adoption and Maintenance Act, 1956 the party willing for adoption can make application to Child Welfare Agency. Registration can be done either an Adoption Coordinating Agency (ACA) found in each state’s capital city, or an agency certified by the Central Adoption Resource Authority (CARA) in New Delhi.
• After this, the agency conducts a preliminary interview with the adopting couple in order to understand their intention and motivation behind adoption.
• Once the party decides which child are they going to adopt they file the petition at the court of apt jurisdiction, where court hearing takes place regarding adoption (the court is required to dispose the adoption case within 2 months).
• Once the Court issues the decree, the adoption is finalized.

Raj Kumar MakkadOnline (Expert)
19 April 2020

The author has not put the facts of the query so there is no use to post this or that provision without having any relevance.

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

For property, you can bequeath a will favoring adopted child.
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

India Times 22 May 2017 publishes that now onwards adoption is compulsory in India.

NEW DELHI: Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country's apex adoption body as part of efforts to check trafficking, a senior government official said.

Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60-year-old HAMA.

Officials s ..

Read more at:
https://economictimes.indiatimes.com/news/politics-and-nation/registration-of-adoption-under-hindu-law-to-be-made-mandatory/articleshow/61752319.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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.

Rajendra K Goyal Online (Expert)
22 April 2020

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

There is no restriction if any one proceed to get Adoption Deed registered.



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