R M (IT Mgr) 29 October 2012
3 months back my relative adopted my younger son ( 1 month's ) , through an adoption deed , and according to one of the deed's condition that relative will not object if I want to meet the child , now my relative is not allowing me to meet the kid. Can I go for the adoption deed cancellation, and can get the custody back of the kid?, as the kid is below 4 months only.
adv. rajeev ( rajoo ) (practicing advocate) 29 October 2012
Yes you can file a suit for cancellation of adoption deed
Guest (Guest) 29 October 2012
Adoption is a complete transplantation of the child from his/her biological family to the adoptive family. It uproots the child from his biological family subject only to the compliance of the conditions in the adoption deed. If the conditions are not being complied with you can file a suit for the cancellation of adoption deed. This being said, it will not be easy to prove non access to the child in contravention of the conditions incorporated in the adoption deed.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 29 October 2012
DEAR Ashish Ji,
One of my widower friend having one got marraied with one divorcee with child.Before marriage that lady never talked about adoption and now she has left him for last more than 2 years demanding adoption as a pre conidtion for coming back and not ready to give assurance about her staying with him permananetly and giving proper treatment to him and his child and relatives.
He is in a fix, can he put some condition in d adoption deed or not and who will have rights on the adopted girl child who is of 10 years..He can adopt but there is no certaintly wheter she will b back or she is just doing this to get more money in the form of maintenance and alimony.
Please advise.
Tx and regards
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