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Sonali Tekmalkar (wife)     17 July 2013

Adopt stepson after marriage

Hello Sir / Madam,

 

I am a lady of 35 years of age, about to marry a nice gentleman, 40 years old, who has a 10 year old son. His ex wife has left him for another man, and is willing to give up her rights to her son. She says she is willing to do it, i have talked to her many times.

What I need to do to adopt the son? Is it allowed to adopt him? This is very important question for me as I am very sentimental about children and really want to adopt him. If I cant adopt, I dont want to marry either.

 

Thank you

ST



Learning

 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     17 July 2013

get an deed of settlement or memorandum of understanding between that lady and man indicating that she hands over the custody of his son to him and he is now free to look after and take every decision and if he marries to any other lady then that lady can treat him as his son and she have no objection in doing so.
1 Like

Adv. Chandrasekhar (Advocate)     17 July 2013

Even though your question appears to be simple, as per the provisions of Hindu Adoption and Maintenance Act, it puts some problems.  Any how, My response to your question is that (1) if you are a hindu unmarried woman (2) the difference of age between the adopting son and you will be more than 21 years (3) If both the natural father (your would be husband) and mother give their consent for adoption, then you can execute adoption deed in the presence of witnesses and get the deed registered.  Then the boy will be your son, but the cliche is that his natural father becomes his adopted father.  After adoption of the boy, you can marry the natural father of the boy.  Let us look it in other way - if first you marry the boy's natural father, then you are not entitled to adopt a son at your free will.  Only your husband can only adopt the boy with your consent.  And in your case, it becomes that the natural father is adopting his own son- which is absurd and non-permissible.  So, my opinion is that first you adopt the boy and get the adoption deed registered and later on marry the boy's natural father, to solve your problem.  You are also advised to contact any local advocate well versed in adoption laws, for second opinion.

1 Like

Adv k . mahesh (advocate)     18 July 2013

already you had agreed to marry the person who is having son of 10 years of age 

why this adoption deed i dont understand because after marrying that person naturally you will be legally his step mother and the natural mother wants to release her rights means first let her natural father take the custody of the child legally and take divorce fromthe first wife and you can remarry and you will be legal wedded wife and even in records your name will be there and

also as said above you can contact a lawyer who is well versed in this type of cases 

Sonali Tekmalkar (wife)     19 July 2013

We spoke about this option, but his family says that I can adop the son even after marriage. Is that true? In the Hindu Adoption and Maintenance act, I also sese this written:

"Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child. " So does this mean he will only be a step father if i adopt the son first and then marry?

 

Thank you


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