adoption of a child

siddhartha pydipati (Querist) 21 April 2010 This query is : Resolved
i heard that when a couple adopt a child,they get complete right over the custody of the said child only after six months of adoption.explain.

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Adv Archana Deshmukh (Expert) 21 April 2010
No. They get custody of the child immediately after adoption.

Parveen Kr. Aggarwal (Expert) 21 April 2010
Section 12 of the Hindu Adoptions and Maintenance Act, 1956:
"12. Effects of adoption.- An adopted child shall be deemed to the the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed replaced by those created by the adoption in the adoptive family."

Raj Kumar Makkad (Expert) 22 April 2010
Your presumption is wrong in view of section 12 as explained above.

siddhartha pydipati (Querist) 24 April 2010
if X and y adopt a child whose biological parents are A and B,the child gets the custody of adopted parents immediately.
my doubt is whether there is any stipulation or clause in law which allows the biological parents i.e. A and B to claim back their child within a specified period of time,say,six months?
does the law allow A and B to think over the matter again and reconsider their decision?

Parveen Kr. Aggarwal (Expert) 01 May 2010
No. Section 15 of the Hindu Adoptions and Maintenanct Act, 1956 provides the reply.

"15. Valid adoption not to be cancelled. - No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth."

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