Urmila 04 July 2017

Adoption procedure

Can anyone adopt a three months old child and also if it is the first child of the couple

7 Replies

Raveena Kataria (Advocate ) 04 July 2017

Hi! Assuming you are Hindu, as per the Hindu Adoptions and Maintenance Act, the adoption would be valid. However you have to make sure the following essentials are met with.

-That the person who takes in the adoption is qualified to do so. That is, you have to be at least 18 years of age at the time of adoption and of sound mind. In case you are married, you'd need your spouse's consent. However, you must not have a son, (or son's son, and so on, whether by blood or adoption) in case you are adopting a baby boy. Likewise in case of a baby girl, that is you must not have a daughter.

-That the person making the adoption is qualified to do so. Only if both the father and the mother in this case are willing to give such child for adoption with mutual consent, the adoption would be valid. Also the only bar on the eligibility of the child is that he/she must not be more than 15 years of age.

Hope this helps!

Raveena Kataria (Advocate ) 04 July 2017

Removed.

Raveena Kataria (Advocate ) 04 July 2017

Removed.

Urmila 04 July 2017

But I have heard that the only child cannot be given for adoption as it is illegal and is not according to act of guardianshipand ward act

Raveena Kataria (Advocate ) 04 July 2017

Sorry, but I'd say no. Not that I am aware of anyhow. I went through both guardianship and ward act as well as guardianship and minority act. Didn't notice anything to this essence.

Raveena Kataria (Advocate ) 04 July 2017

I'd suggest you to consult a local advocate who can not only verify this for you but also assist you in drawing up the adoption deed properly. (If and when he confirms it is indeed possible.)