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Teja (Engineer)     03 September 2010

Adoption of a motherless child marrying the fathere

Dear Learned Members on the Forum,

This is Soni Tejat. I am going to marry a person who has a child of 3 yrs old. I am marrying this person with full consent, also to look after the kid as mine. In regards to the kid I do not want to have any kids further. However I have few questions on my mind which are unanswered. Can anyone of the learned members answer these?

  1. Will the child be my adopted child(I do not want to consider as my step kid)?
  2. If he/she is considered as adopted kid am I eligible for the adoption leave granted by any organization so that I can make the child get used to me?
  3. Is the child eligible for the medical policy/ medical insurance policy provided by the organization for the benefit of the employees and their dependants?

Can anyone of you please answer the above questions?


Best Regards,

Soni Tejat



Learning

 7 Replies

shamataneja (Advocate)     03 September 2010

Dear Soni,

                     According to Hindu Adoptions and Maintenance Act, A married woman does not possess any power to adopt a child. It is only the unmarried woman , widow who can adopt child. In case of married woman her husband can adopt child with the consent of wife. In your case u are marrying with a man who has a child then u willhave no problem in adopting his child.


(Guest)

For 1: review https://www.lawyersclubindia.com/forum/Personal-Laws-Amendment-Bill-2010-A-que-to-FL-Experts-23594.asp


For 2: check with HR / Finance Dept. of concerned Company


For 3: Same as para 2
 

Arup (UNEMPLOYED)     03 September 2010

step child and adopted child - there is no diffrence in the eye's of law

1) if you want to adopt the child, do it before marriage, after marriage the child will be your step child only.

2) there is nothing like adoption leave but you will get all facilities which available to a regular child. for religious purposes also, adopted child fully entitled as a regulau child.

3) same as q3

Arup (UNEMPLOYED)     03 September 2010

"According to Hindu Adoptions and Maintenance Act, A married woman does not possess any power to adopt a child"  - Right.

"It is only the unmarried woman , widow who can adopt child" -right.

"In case of married woman her husband can adopt child with the consent of wife" - partialy right, because  husband can adopt child with or without the consent of wife

a recent change allow married woman to adopt a child without consent of her husband.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 September 2010

1.  IF a woman adopts a child (say  "Anam")  belonging to say "xyz",  then  "xyz" loses all parental rights and title over his child (anam).  All such parental rights and title will now be the "SOLE prerogative"  of the woman and not of Mr. xyz (the bilogical father of Anam).

 

2.  Mr. xyz  permanently forfeits all rights over his biological son,  after the said adoption procedures are duly executed under the law, in favour of the Woman.

 

3.  So now by virtue of the adoption the woman becomes the "LAWFUL"  parent of child (Anam).  AND THE FATHER MR. XYZ,  DOES NOT REMAIN  ANY-TYPE-OF-FATHER of the child (Anam).

 

4.  Now AFTER the adoption,  IF the woman marries Mr. xyz,  she marries with the contention that she is already a mother (by adoption) of son Anam.

 

5.  By virtue of the marriage,  TECHNICALLY NOW  MR. XYZ, BECOMES THE  "STEP-FATHER" of his own biological son (anam),  SINCE MR. XYZ,  HAS EARLIER ALREADY FORFEITED HIS PARENTAL RIGHTS OVER SON ANAM     (very very funny situation)

 

6.  LAWFULLY,  the son Anam, NOW after adoption,  WILL HAVE TO ADDRESS HIS OWN BIOLOGICAL FATHER as his "Step-Father"  (double jeopardy),  i.e. when his adopted mother has married his biological father.

 

7.  A woman CANNOT adopt her own child or a Step-Child.  The huge  "DIFFERENCE"   between a Adoption and a Step-Chiild is  :  Adoption is done under the Adoption Act & Rules and is a totally seperate lawful procedure,  whereas  there is no need for any legal-procedure to become a parent of a Step-Child,  except for marriage.

 

PERSONALLY,  I feel it is a very very good plot for a bollywood movie.

 

QUOTE  : 

"It requires a very unusual mind to undertake the analysis of the obvious"

 

Keep Smiling .... Hemant Agarwal

2 Like

anandangan (self employed)     03 September 2010

Many thanks to Mr Agarwal, Mr Arup and Mr Arun Kumar.

This is insightful. One can never imagine such situations!!! But legally it is somethiing to think about.

I have a question similar to this situation.

NMP (nmp)     27 September 2010

Originally posted by :Hemant Agarwal
"


5.  By virtue of the marriage,  TECHNICALLY NOW  MR. XYZ, BECOMES THE  "STEP-FATHER" of his own biological son (anam),  SINCE MR. XYZ,  HAS EARLIER ALREADY FORFEITED HIS PARENTAL RIGHTS OVER SON ANAM     (very very funny situation)

 

6.  LAWFULLY,  the son Anam, NOW after adoption,  WILL HAVE TO ADDRESS HIS OWN BIOLOGICAL FATHER as his "Step-Father"  (double jeopardy),  i.e. when his adopted mother has married his biological father.
 

"

 

Mr. Hemant,

You have given a very classic example.  I simply appreciate it.

 


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