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Adoption

(Querist) 06 March 2018 This query is : Resolved 
Sir I have a twelve year old son from first marriage. I have no contact with the father. Two years back I got married again. My husband has a child from first marriage presently in the custody of mother. My husband would like to adopt my son. Please advice process
Vijay Raj Mahajan (Expert) 07 March 2018
Yes the second husband can adopt your son as you alone can give your son in adoption without taking consent from the first husband if you have physical custody and you are natural guardian as well biological mother.
The deed of adoption duly signed by both parties and witnessed, which has to be registered with the Sub-registrar of the district where you all live.
Sudhir Kumar, Advocate (Expert) 07 March 2018
You can do so before child attains 15 years of age and if you are fromsame religion and if your second husband doe snot already have a child of same sex.


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