For passport adoption deed
Amit Vijayvargiya
(Querist) 13 October 2015
This query is : Resolved
Hello Sir/Mam,
I have applied for passport on 26th august 2015. My file is pending because i do not have adoption deed and rpo officer asked me to submit adoption deed.
My biological parents name and educational parents name are different. I have been adopted in the year 1999 when i was 6 years old. During that time my parents had made an affidavit mentioning the details of adoption and notarized it but do not make adoption deed.
Both my father is no more in this world. I am living with my adopted mother.
When i talk to one of the lawyer he says that there is law that adoption deed should be made before the child is 15 years old and now i am 23 years old so adoption deed could not be made.
I request you all to please provide me all possible solution because my joining date is come and it is in the first week of november.
alexander
(Expert) 13 October 2015
In such a case the Doctrine of FACTUM VALET Doesn't apply.
Your lawyer could dig out some cogent reasons which may fall under the rubrique of " EXCEPTIONS PROVE THE RULE' which may convince the Court to exercise the inherent powers under Sec 151 0f the CPC
If it is only the question of t Passport you can show them the original birth certificate and the name of your biological parents .
P. Venu
(Expert) 13 October 2015
It has been held "the adoption deed is not the expression or declaration of will by which the right is constituted but merely a recital of an act which has already taken place. ........ it is not the adoption deed by which the rights of the adopted son are created but the adoption itself and any wording in the adoption deed cannot either create or limit any rights which the adopted son gets by his adoption"
However, in the instant case, there appears to be no necessity for verification of the adoption deed or the factum of the adoption. The queriest is no longer a minor. His parentage need not subject of inquiry for processing the application for passport.
K.S.Srinivas
(Expert) 14 October 2015
Every Indian citizen has the fundamental right to travel abroad, the Delhi High Court has held while noting that nobody can be denied a passport for want of compulsory registration of an adoption deed. Every Indian citizen has the fundamental right to travel abroad, the Delhi High Court has held while noting that nobody can be denied a passport for want of compulsory registration of an adoption deed. "Since Section 17 of the Registration Act, 1908 does not provide for compulsorily registration of an adoption deed and a new adoption deed cannot now be registered in the present case as the age of the petitioner is above 15 years, this court is of the view that the petitioner cannot be directed to produce a registered adoption deed," the court said.
The age difference between the adoptive parent and the person going to be adopted should be 21 years.
alexander
(Expert) 14 October 2015
Two points come to mind.
(a) registration though waiveable by the court in certain circumstances, any adoption done in contravention of the provisions of HAMA of 1956 shall be void
(b) The age difference comes into play when a Single woman is adoting a male child and when a single male person adopts a girl child then alone the minimum age difference should be, as very rightly quoted by Shri Shrinivas, of 21 years.
How did one get the idea of getting an adoption deed simply notarised.We don't know if all the conditions necessary for giving a child in adoption and in accepting the child by the adoptive parents were fully met.
Do you have a valid Birth certificate showing you as a son of your original parents
If you don't have any birth certificate you may be deemed to be a Stateless person ineligible for an Indian Passport. A tenth class certificate showing your date of birth may not cut any ice with the Passport issuing authorities
Get the whole case examined by your local advocate
Amit Vijayvargiya
(Querist) 19 October 2015
Sir, I have valid Birth Certificate containing the name of my natural or biological parents.
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
Besides experts opinions and suggestions, in my opinion, you may first get a letter from the RPO rejecting your application for passport on the said grounds. File a declaratory suit to declare the notarised adoption as valid by the court of law in view of its nature and passage of time after it was originally executed in the year 1999. The Delhi high court judgement referred by expert Mr. Srinivas may come handy to your case to prove your case and get a favorable judgement int he suit to be filed. Discuss with your lawyer in detail and proceed as per his further advise.
Rajendra K Goyal
(Expert) 20 October 2015
Repeated:
http://www.lawyersclubindia.com/experts/Adoption-deed-problem-566436.asp#.ViXEUX4rLIU
Kumar Doab
(Expert) 20 October 2015
Repeated Query
Kumar Doab
(Expert) 21 October 2015
"After the adoption, the child’s name was changed to insert the name of the adoptive father."
"It is the act of adoption and not an adoption deed which confers the status of an adopted son. A perfectly valid adoption can be made without an adoption deed."
Two similar cases have been decided by Bombay High Court:
You may go thru:
Bombay High Court
Jigna Mahesh Dedhia vs Union Of India, Through ... on 13 October, 2014
http://indiankanoon.org/doc/96816895/?type=print
Delhi High Court
Teesta Chattoraj vs Union Of India on 30 March, 2012
http://indiankanoon.org/doc/24842861/?type=print
http://archive.indianexpress.com/news/registered-adoption-deed-not-must-for-adults-adopted-as-children-hc/1156578/
http://indianexpress.com/article/cities/mumbai/adoptive-fathers-name-of-a-minor-okay-for-passport-says-bombay-hc/
P. Venu
(Expert) 21 October 2015
Yes, the information provided above settles the issue.
The queriest may try to convince the RPO or else, may file a WP in the High Court.
