Can anybody adopt anybody's child illegally ? if anyone of the parents is not ready for adoption

rahul (Querist) 15 January 2013 This query is : Resolved
dear sir,
My wife has handover my child to her sister b'cos she don't have child,but i am not willing,i have requested to my wife's sister that i am not willing to handover u my child anyway but she is not returning my child,should i approach to police ?

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ajay sethi (Expert) 15 January 2013
yes complain to the cops . your consent as father is necessary to give your child for adoption

R.K Nanda (Expert) 15 January 2013
lodge police complaint against her.

Guest (Expert) 15 January 2013
Are you and your wife not in good terms or not residing with you or separated from you by divorce or otherwise, if she has handed over your child to her sister without your consent?

What I have observed is, you provide only partial facts/ information in a bid to gather some favourable replies.

prabhakar singh (Expert) 15 January 2013
The act of adoption is recognized in law known as Hindu adoption and maintenance Act.
Any male Hindu of sound mind ,and not being a minor has capacity to adopt only with consent of his living wife.The right of a woman to adopt a son or daughter ,as the case may be,arises only in situations where she is unmarried or a widow or a divorcee or whose husband has ceased to be a hindu or has completely and finally renounced the world or has been declared of unsound mind by a competent court.

As regards to persons capable of giving in adoption,section 9 dictates that capacity to give a child in adoption vests in child's father or mother or legal guardian. In case father is alive the power to give the child in adoption exclusively vests in him which can be exercised only after consent of the mother unless she has renounced completely and finally the world or has ceased to be a hindu or has been declared to be a person of unsound mind.

In absence of father this right moves to mother and in absence of both this right moves to legal guardian subject to permission of court.

Hence your wife can not give your child in adoption to any body so long you are there.