Can we adopt a new born child of my relative?

Querist : Anonymous (Querist) 11 September 2020 This query is : Resolved
Hi,

Thanks in advance.

Can we adopt a new born child from my relative? Both parents are ready to give the child to us. Both are our close relatives(sister in law).

What would be the legal process to adopt it from my relative. Please guide me.

Regards
Yogesh

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Shilesh Patel (Expert) 11 September 2020
The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition.
Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:-
the consent of both the spouses for the adoption shall be required,
No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

Draft a document of adoption and register it.

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Advocate Bhartesh goyal (Expert) 11 September 2020
You need to execute a adoption deed and have to get it registered in Sub Registrar office also give and take ceremony has to be conducted?

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Dr J C Vashista (Expert) 12 September 2020
There are certain compulsory rituals before adopting a baby and registration of Adoption Deed, it would be better to consult and seek professional services of a local prudent lawyer.
If you are located in Delhi/ NCR and feel so, may contact me with relevant records (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com

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P. Venu (Expert) 12 September 2020
The procedure depends upon the personal laws. If a Hindu, provisions of Section 6 of the Hindu Adoption and Maintenance Act.1956 prescribes the following requisites for a valid adoption:
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.
The said Act nowhere mandates the execution of adoption deed. The provisions of Section 16 are in a different context; it is only an incidental provision.

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