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Adoption and its Denial.

This query is : Resolved 

07 October 2009

Dear Forum members,

In case,a female child was given in adoption. But , adoption deed is not prepared,giving and taking the child is taken place.The child grew up in adoptive father's place, and in school certificate the adoptive father name is written/given. Now because of some peculiar reasons (Tricks played by adopted son in the family) , the adopted father is denying the adoption( Both the adopted parents died). And Biological father says he gave his child in adoption ,hence did not have any relation ship with the girl to the family. Now what she do.... Who is her father?

Thanking you all in advance.

Raj Kumar MakkadOnline (Expert)
07 October 2009

Even if no adoption deed is there even then contents of adoption are present. The daughter can prove all those before civil court and her rights in the adopted family are secured.

Ramesh (Querist)
07 October 2009

Dear Raj Kumar makkad,

Thank you very much for your QUICK reply.

n.k.sarin (Expert)
07 October 2009

Mr. Ramesh,at this stage when both the adoptive father died.The said girl cannot prove valid adoption in the court of law.only giving and taking of child can not create a valid adoption. there is heavy burden on the girl to prove valid adoption which is not so easy.The girl must file suit against her biological father for her rights.Then her biological father have to prove that the said girl given in adoption.

Sarvesh Kumar Sharma Advocate (Expert)
07 October 2009

agree with raj's view.

Sachin Bhatia (Expert)
07 October 2009

Agreed with Mr. Raj

Anish goyal (Expert)
07 October 2009

Burden may be heavy but can be proved by entries in the school certificate, witness of any family members.

Ramesh (Querist)
13 October 2009

Dear Friends,

Thank you all for your kind reply.


adv. rajeev ( rajoo )Online (Expert)
14 October 2009

I agree with N.K.Sarin. because if she filed case burden will be on the biological father, he has to prove that she is not adopted daughter.
If daughter filed a case then burden will be on her to prove the adoption. To prove the adoption in absence of adoption deed she will haveto lead the evidence of wittnesses who were present, but it is difficult because how come she knows who were present at the time of adoption.
So follow the advise of N.K.Sarin

Ramesh (Querist)
14 October 2009

Dear Friends,

I thank you all for the Guidance provided to me in the above matter.


With regards.

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