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Lakshmi (House wife)     23 July 2008

Adoption by step father

Hello Sirs,

I am Lakshmi. I was married in the year 2000 and had a baby boy in 2001 when i came to India for delivery my husband had illegal affair with a girl in Dubai and married her in a temple in Mumbai without my knowledge. I came to know this and i applied for a divorce in chennai on the grounds of adultery. He did not appear in the court. He was in Dubai. We also advertised in Dubai newspaper as a final call to appear but he failed to appear and I got divorce on Ex-parte basis in Apr 2005. I got married again in August 2005. Till today i have no details about my ex-husband. He never contacted or disturned. I have no whereabouts of him. Now my second husband wants to adopt my son.  How do I proceed? Is there any complication in this regard? Kindly help.

 



Learning

 11 Replies

podicheti.srinivas (advocate/legal consultant)     23 July 2008

you need to file a petition in the court seeking adoption of the child by the step father.you consult alawyer in your place who will advise you properly and do the needfull.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2008

capacity of a female Hindu to take in adoption as per the act:-


(a) who is of sound mind,


(b)who is married, whose marriage has been dissolved,A married woman is not competent to give the child in adoption so long as her ex-husband is alive. But if the husband has renounced the world or ceased to be a Hindu or been declared by court to be a lunatic, she can give her child in adoption.

vgsubra   23 July 2008

There is a Gujarat High Court judgment wherein the passport was applied for the child whose birth certificate had biological father's name. they wanted to apply for the passport showing the step father's name to be shown on the passport. Court upheld the same so long as the divorce decree is there and the new marriage took place and solemnised.


Hence i dont see a problem. In any case, issue a paper notification in Dubai and in India. Please get the adoption done in Hindu rites and have the photographs for the same. Please get a adoption deed executed and get the same registered with the Sub-Registrar.

Guest (n/a)     24 July 2008

Thank u so much Sir. Passport application is one of the problems which i was worried of..Your reply was informative.

Guest (n/a)     24 July 2008

I shall seek a lawyer. Thanx for the advice

vgsubra   24 July 2008

citation to locate the judgment is AIR 2004 Guj 51

Kapil (Advocate (Associate Legal))     25 July 2008

Ms. Laxmi,


I would like to tell you, that after getting divorce from your ex-husband, now your are no where related with your Exhusband. So by marrying with another or be making yourself as a life partner of another by valid marriage, you are legally wedded wife of him.


So far as the question about the adoption of child which you begotten from your Ex-husband, it does't matter for the Adoption Point of view. 


As per your Divorec decree, if u have custody of your / subjected child, then by way of Decree, u are Natural Guardian of that child.  


The main point is that, Adoption proceure should be by way of Adoption Deed, and after Adoption there should be Publication in the Official Gazzette about the change in the Name of that child.


More over for the safer side, u can publish the same in the News Papers circulating your local area / city as well as at the place where (as per your Knowledge) your exhusbad is residing.

ESTHERPRIYA (Practising Advocate)     26 July 2008

Hi kavitha,


As you said you got exparte decree of divorce on April 2005 in Madras High Court - Family Court building and now your present husband like to adopt your child is a good one and it is right and safety for your child and his life too.


Kindly do it soon and it is a very easy process. By means of an adoption deed and if you reside at Chennai, then the Principal Judge at Chennai City Civil Court has its jurisdiction and by filing a Adoption O.P. in the court you will get examined by the Judge and a decree to that effect and a government gazeete publication will be effected and thereafter your present husband will be contrued to be the legal father for your child.


 

anshu shekhar (service)     10 December 2008

no , a step father can`t adopt a son.the term "father:" used in the act is for the natural father not for the step father

Nishant Shukla (Independent Professional)     15 June 2010

Thanks Sir. It was informative even for the Lawyers.

mrs rupa (nil)     31 January 2012

i know 3 years have passed after this post but sir, my problem is more or less the same. My lawyer says that adoption by step father is not possible as according to HAMA it has to be a give and take procedure.  he also says that your son has all the rights over his stepfather because of your marriage certificate. 

if i want to go by adoption deed what should be the language of the deed? 


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