Naren (Proprieter) 08 August 2010

Adoption before Divorce

I understand that a single parent can adopt a child of the same s*x before attaining 45 years and with a gap of 21 years with the child. My divorce case is going on for the past 2 years and still dragging. Can i legally adopt a child in the meanwhile. I am not sure how long my divorce case will pull on and i dont wnat to waste time delaying my adoption interest. I am willing to abide by any rules in the adoption process. Kindly advice me whether it is legally possible for me to adopt a child before divorce.

Naren, Chennai

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Suchitra. S (Advocate) 08 August 2010

A single female or a married couple can adopt a child. In India, a single male is usually not eligible to be an adoptive parent. An exception to this rule is the noted dance instructor Sandip Soparrkar, who has recently adopted a young boy. This is a special case rather than the norm. Asingle man desiring to adopt a child may be eligible if he applies through a registered agency. However, he will still only be able to adopt a male child.

Naren (Proprieter) 09 August 2010

Please clarify whether I can adopt a male child while my divorce case is still on?

Suchitra. S (Advocate) 10 August 2010

S.7 of Hindu Adoption and Maintenance Act is clear about this. Now, you have to wait till you get a divorce legally, before you can apply for adoption. The section makes it mandatory to get the consent of the wife for man before adopts if the wife is living unless declared of having unsound mind or dead. Here as the case is pending, you will have to wait till you get a divorce since consent of your wife is meaningless now.