Adoption
kathy
(Querist) 29 June 2012
This query is : Resolved
Hi,
I want a suggestion regarding adoption. My dad's younger brother died in a road accident in 1996 and he left behind his two daughters and wife. At that time the elder daughter was 1 year 9 months old and the younger one was 10 months old. After his death the elder daughter was looked after by my grand mother and my parents. In 2006 his wife left the house without any information and left the two kids with us as my family was attending a family function. Later she took the younger girl as she was staying with her from starting.
My dad's business is in J&K where we stay and she use to live in our house in Punjab. Now my parents want to adopt the elder daughter as from last 17 years she is with us. Once her mother came to take her and she went to the city's DC with a request. And the deputy commissioner called her daughter and asked whether she wants to go with her mom or not? She refused to go.
Can we adopt her???
Adv.R.P.Chugh
(Expert) 29 June 2012
Dear Kathy,
1. As it is a child above 15 cannot be adopted as a matter of general principle, unless custom allows so.
2. Even where custom allows, since the woman (even though she has been utterly indifferent to the child's needs) her consent is still required to get the child in adoption.
Hence in light of these facts I don't see a possibility of adoption. Though she is free to live with you as her family.
kathy
(Querist) 29 June 2012
Dear Mr.Chugh
Thanks fr the reply. Can we adopt her after she turns 18?
Adv.R.P.Chugh
(Expert) 29 June 2012
Only if custom prevailing in your caste allows....which religion do you profess?
kathy
(Querist) 30 June 2012
I belong to Hindu community.
ashutosh mishra
(Expert) 30 June 2012
LAW READS AS BELOW:
10 Persons who may be adopted
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-
(i) he or she is Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
Devajyoti Barman
(Expert) 30 June 2012
No adoption is possible any more.
However she may undergo certain changes like change in surname to make semblance of family member and you on your part may make testament in her favourt.
kathy
(Querist) 30 June 2012
Ms.Barman, she uses the same surname as she's my dad's brothers' daughter. And m asking that if she turns 18 den also we cant adopt her??
