Adoption

Dilip (Querist) 17 April 2020 This query is : Resolved
Adoption is completed through Court Order by Principal Judge, City Civil Court ,Mumbai in 1995. Can I make Deed of Adoption now making reference of the order of Adoption?

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The discussion revolves around whether an adoption deed is necessary after an adoption was already finalised by a court order in 1995. While a court order is generally sufficient, some advise that a registered adoption deed can be created, provided it doesn't contradict the court's original order. The necessity of a deed at this late stage depends on the specific circumstances and any potential challenges to the adoption. Registration of adoption deeds is not always mandatory, especially when adoption is facilitated through an agency, but voluntary registration is permissible.

Raj Kumar Makkad (Expert) 17 April 2020
Once adoption stands completed through the competent Court of law a long ago, why the Adoption Deed is required now? Post the full facts so as to enable us guide you properly.

Dr J C Vashista (Expert) 18 April 2020
How did you got decree of adoption from Civil Court Mumbai in 1995 ?
Is there any issue left over by the Court while issuing order for adoption ?
Facts posted by you are vague and incomplete.

Dr J C Vashista (Expert) 18 April 2020
On the one hand you have stated that "the adoption is completed through Court order by Principal Judge City Civil Court Mumbai in 1995..." on the other hand you want to get an adoption deed registered making reference of the order of adoption ???
Could not follow, what do you want and why ?

Rajendra K Goyal (Expert) 18 April 2020
Court orders regarding adoption are sufficient.

In case of need you can proceed to bequeath a will, if you guess some property disputed among relatives after you.

You can go for Registered adoption deed in addition, No term of deed should be in contravention to court orders.

P. Venu (Expert) 18 April 2020
What is the necessity of adoption deed after passage of time?

Raj Kumar Makkad (Expert) 18 April 2020
Unless you come with the full facts necessitating the preparation of Adoption Deed at this belated stage, no concrete reply can be offered to you.

Rajendra K Goyal (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 effected?

It is always better to have registered adoption deed.

Rajendra K Goyal (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 Makkad (Expert) 20 April 2020
How can an expert attend a query without having the facts especially when the same expert has demanded the addtional facts from the author but without waiting for the response started giving further advice irrelevant to the query. If the subsequently reply is perfect as per query then what was need to demand additional information by the same expert?

Doesn't it show score hungering tactics?

Rajendra K Goyal (Expert) 21 April 2020
You asked:
Can I make Deed of Adoption now making reference of the order of Adoption?
Reply:
You can, provided no order from court is overlooked.

Raj Kumar Makkad (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 Makkad (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 (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 anyone proceed voluntary to get it registered.

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