Adoption of step child
mrs rupa
(Querist) 25 January 2012
This query is : Resolved
Is it mandatory to adopt the step child by step father in order to protect child's rights?
What are the rights of a step child on step father?
Sudhir Kumar, Advocate
(Expert) 25 January 2012
Queyr vague. Step father does not need adoption to include the child in his family for the purpose of meidcla cover etc. But in case his wife dies he is not the natural guardian.
Shonee Kapoor
(Expert) 25 January 2012
No it is not mandatory.
However once adopted, the child would have the same rights as natural born child.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 26 January 2012
It is not mandatory but for adoption, the permission of the father of such child, if he is alive.
prabhakar singh
(Expert) 26 January 2012
Is it mandatory to adopt the step child by step father in order to protect child's rights?
ANSWER:NO IT IS NOT.
What are the rights of a step child on step father?
ANSWER:NONE
THEN TO GIVE RIGHTS TO SUCH A CHILD OVER PROPERTY OF STEP FATHER ADOPTION IT SELF IS NOT SUFFICIENT AS PROPERTY TO SUCH A CHILD CAN BE GIVEN BY WILL,GIFT.etc.,ALSO.
V R SHROFF
(Expert) 26 January 2012
Is it mandatory to adopt the step child by step father in order to protect child's rights?
ANSWER:nil , No.
What are the rights of a step child on step father?
ANSWER:no right,
Rupa, it seems You want your child to be protected, and share STEP FATHER'S PROPERTY
You can tell HIM- UR HUSBAND , to Gift some Property.[IN CONSIDERATION OF YOUR RELATIONSHIP WITH HIM]
Or convince him to adopt, if child is fatherless, or ready to give child in adoption.
Surender Kumar Sharma
(Expert) 29 January 2012
Dear Questioner
View of Learned Advocate Mr. Singh and Mr. Shroff is acceptable and you may go accordingly if you also think fit
mrs rupa
(Querist) 31 January 2012
Sirs,
i understand my query was vague. i'll try to make it more clear-
1.My husband is convinced to adopt my son but we are not sure about the procedure for it. My lawyer says that adoption of step child is not possible as we can't make an adoption deed in your case. He says HAMA requires give and take procedure and how can i give my own child to my husband?
In case my lawyer is wrong, what should be the language of this particular adoption deed?
2.Or is it going to be applying for something like joint custody / my husband sharing the custody of my son ?
3.My divorce was an ex parte granted on the grounds of abandonment ( my ex husband hasn't turned up for last 9 years) but my divorce decree is silent about custody of my child. Do i need to get sole custody from court?
4. My husband has a son from his first wife whose custody is with his ex wife. Does this fact prevents him from adopting my son?
