Adoption procedure
Anjali
(Querist) 22 February 2013
This query is : Resolved
Hi,
Please can you let me know the Adoption procedure.
prabhakar singh
(Expert) 22 February 2013
Only those who are Hindus can give out and take in adoption.
The person adopting has the capacity, and also the right, to take in adoption;that is he should be male of sound mind,major by age,and if his wife is alive,he can adopt only with her consent,a son(who is HINDU and whose age is below 15 years,an unmarried and never given in adoption)provided he does not have a son born to him from his wife.On same very condition he can adopt a daughter if no daughter was born to him.
If father of child is alive only he can give his child in adoption but with consent of his wife.If his dead but mother is alive,then mother can give her child in adoption,if mother is also dead other legal guardian of child can exercise this right with permission of the court.If father is alive but has renounced the world or has changed the religion,then also mother has right to giver her child in adoption.
An adoption deed would be executed between parties giving and taking in adoption which in most of the states required to be registered.The stamp duty is fixed on differing from state to state( say in rs.100/=+ or minus).
V R SHROFF
(Expert) 22 February 2013
Pl :
Widow gave her daughter in Adoption to a man , who have no daughter.
After a year of Adoption, the Man died.
There are no documents prepared for Adoption.
What is remedy for proving, she was adopted daughter of a deceased man. ??
All family members of the man knows daughter resided as his daughter , and no one objects it. However, father's name was not changed.
prabhakar singh
(Expert) 22 February 2013
@ Mr. V R SHROFF~!
Q."What is remedy for proving, she was adopted daughter of a deceased man. ??"
Answer:Where there is no state amendment,as there is one in U.P. requiring a registered bilateral adoption deed ,the giving and taking can be proved by adducing oral evidence.
More over even in U.P., where with out such a registered deed ,no case of adoption can be set up,raises only presumption cable of rebuttal by oral evidence.
Q.CAN A MINOR DAUGHTER'S FATHER'S NAME CHANGE ALLOWED ??
Once a valid adoption has taken place no one can go back,be it one who gave or may be it who taken in or may be it who was adopted as laid in the Act.
Then proving the fact of adoption ,the one gave in adoption can seek parentage changed.
This right vests in minor child adopted,and she can also seek mutation in her name by next friend,if she does not have natural guardian.
ALL THAT WOULD BE NEEDED TO BE PROVED THAT THERE WAS ACTUAL GIVING AND TAKING OF THE CHILD FROM THE BIRTH FAMILY TO THE ADOPTER FAMILY.
