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adv. rajeev ( rajoo ) (practicing advocate)     18 May 2013

Adoption

Dear Learned Members,

My question is regarding adoption.

A's father was looking after "B", as such in all the documents A's father's name appeared as "B" and also the surname of the B.  Whether it  amounts adoption of A's father by B.?



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     18 May 2013

for valid adoption

 

  • both parties to be hindu
  • adoptive child to be unmarried abd below 25
  • parent(both ifaboth alive even if divorced)/natural/legal guardial of child should be capable of consent and adopting parent(s) to  be capable to give consent
  • if bachelor/spinster adopting opposite s*x child the age gap need to be 21.
  • adotion deed should be documented and registered.
1 Like

Srinivas (Director)     18 May 2013

 

Mere name having the surname in documents is not sufficient. Adoption should be proved. If Hindu then a homom or ceremony must be done. Proof must be provided. If you want to prove adoption, you can submit affidavits that adoption was done as per hindu customs. Adoption also has various legalities... below is some points from the Hindu Adoption & Maintenance Act.

Adoption has no uniform law in India, but there are some legislation related to adoption that is divided into two categories:

1. Hindu Adoption and Maintenance Act 1956

2. The Guardians and Wards Act 1890

 

 

1.  

Hindu Adoption and Maintenance Act 1956.

 

Only Hindus can take advantage of this act as personal law governs it.

 

a)

To any person who is a Hindu inclusive of Buddhism, Jainism and Sikhism this act is applicable.

b)

This Act does not apply to those who are Muslims, Christians, Parsis, or Jews by religion.

c)

The Act also applies to the child whose biological parents is not known or have abandoned the child and has been brought up as Hindu, Buddhist, Jain or Sikh.

d)

The Hindu female who is not a minor and not married but is of sound mind can adopt. She cannot be a joint petitioner with her husband but can only be a consenting party in the child's adoption.

e)

A Hindu male who is not a minor and is of sound mind can adopt.

f)

A Male Hindu can adopt only by the consent of his wife, unless and until she has given up Hinduism or is of unsound mind.

g)

The Adoptive parents should not have a child who has been adopted or a child of their own or a grandchild at the time of adoption.

h)

A valid Adoption cannot be changed or cancelled.

i)

All the rights of the biological parents should be replaced to the adoptive parents.

j)

A valid adoption is the one in which the person giving and the person taking the child sign the Adoption Documents.

k)

If the adopter and the adoptee are of the opposite s*x then the age difference between them should be at least 21 years.

l)

Only the child's parents or guardian can give the child in adoption.

m)

Nobody should be awarded or paid in relation to adoption.

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