Adoption

saurav (Querist) 14 January 2011 This query is : Resolved
Can a adoption be made through attorney?

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Arvind Singh Chauhan (Expert) 14 January 2011
No, It is not possible.

Rohtash Babu Patel (Expert) 14 January 2011
Not Possible

Advocate. Arunagiri (Expert) 14 January 2011
It is not possible. The adoption is a personal contract like a marriage contract.

No marriage contract can be made through POA. Likewise the adoption also can not be done through POA.

Advocate Bhartesh goyal (Expert) 14 January 2011
I do agree with Mr.Arunagiri.

Amit Minocha (Expert) 14 January 2011
while adopting one has to be present presonaly

Devajyoti Barman (Expert) 14 January 2011
yes i agree.

Abhishek Marvi (Expert) 15 January 2011
arungiri is right

Guest (Expert) 15 January 2011
IT MUST BE REGISTEED

Adv.Shine Thomas (Expert) 20 January 2011
Not possible

saurav (Querist) 31 July 2011
If it is so then what is the meaning of " under their authority" in sec 11 (vi)...
Plz clearify...

saurav (Querist) 31 July 2011
pl answer as earliest.

R.Ramachandran (Expert) 31 July 2011
Section 11(vi) of Hindu Adoption and Maintenance Act clearly provides for adoption through a validly executed Power of Attorney. While to give and take a child by adoption should have been expressed by the actual parents giving in adoption and by the adoptive parents taking the child on adoption, the physical delivery or receipt may be performed by a delegated authority (the power of attorney).
The role of the attorney is only to the extent of physically giving or receiving. However the expression of volition to give in or the expression of volition to take in adoption of a child cannot be exercised by the Power of Attorney on behalf of his principal.
I think, it is in the later sense all the experts appear to have answered your main query.

saurav (Querist) 31 July 2011
When there is special power of attorney for adoption, will the question of volition still subsists?

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