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Dilip   17 April 2020

Adoption

When adoption is completed by court order in 1995, no Deed of Adoption was made. Can I make Deed of Adoption now?


 2 Replies

P. Venu (Advocate)     18 April 2020

Please post material facts.

Karishma Yadav   18 April 2020

Greetings,

Thank you for your question.

As per Hindu Adoption and Maintenance Act, registered deed finalizes adoption and court permission is only required in some cases. Whereas under Juvenile Justice Act, the adoption order from the court finalizes the adoption and deed is not a necessity. 

Adoption deed per se does not confer the status of an adopted child, it is incumbent upon the person claiming the adoption, to prove that there was a legal give and take of the child adopted.   

In the case of Bihar Rajya Vidyut Board v. Chhathu Ram, it was held that mere presenting documents of adoption, by person giving the child in adoption, and not signing the adoption deed does not satisfy the requirement of Section 16 of HAMA.

However, Section 17 of Registration Acts specifically refers to the documents where registration is mandatory, and adoption deed is not one of those documents.

In a recent case of Manishaben Bhalala v. State of Gujarat, it was held that registered adoption deed is mandatory to make a birth certificate and for this decree of adoption from the concerned court would not be enough.

So, to answer your question, you can still make the adoption deed to avoid further complucations. 

Thank You

Regards,

Karishma Yadav

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