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JC Manohar (Others)     30 October 2016

Adoption of an indian muslim child by a canadian hindu woman

My sister is a Canadian citizen, Hindu woman with Overseas Citizen of India status, now aged 50, and widowed. She recently adopted a Muslim girl of 2 weeks old in Mumbai through an Adoption Deed executed before a Notary and Registered. My sister and the child are currently staying in Bengaluru.

Questions:

1. Is this considered an adoption under the Hindu Adoptions and Maintenance Act?

2. What further procedure needs to be completed in India, keeping in mind that this is an inter-country adoption, before the mother can travel back to Canada with the adopted child?

3. Does it require a declarative Court Order and No Objection / Compliance Certificate from the Central Adoption Resource Authority (CARA)? If so, what is the procedure?

Thank you. Regards,

Jagadish C. Manohar Toronto, Ontario, Canada Email: JCManohar@yahoo.com

 
 


 4 Replies


(Guest)
Great initiative! Just love to read 2 week old adopted. But not before notary. It should be done via agreement where natural parents agree n sign along with adopting parents in this case the lady present it to court via lawyer. Consult a lawyer locally.

(Guest)
LAW RELATING TO ADOPTION OF INDLWf CHILDREN BY FOREIGNERS* � by Dr.A.David Ambrose** Adoption can be made for various purposes that could be religious, social and economic. Accordingly adoption is compelled by various reasons. An issue less person, especially a Hindu, needs a child, preferably a male, for folfilling certain religion obligations/requirements under personal law of him. Similarly a destitute or abandonied child has to be given in adoption considering its foture. In this fashion it could be social and economic as the society is still in the ugly grip of female aversion due to so many social problems including dowry, which often results in female infanticide or abandonment of female children. The Hindu Adoptions and Maintenance Act, 1956 (HAMA) regulates adoptions among Hindus - exclusively. The person adopting, the person adopted, the person giving in adoption all have to be ' Hindus. Futile attempts were made in 1972 and in 1980 to enact a uniform law of adoption. The Non- Hindus like Christians, Parsis, and Jews could adopt a child through the procedure under the Guardians and Wards Act (8 of 1890), which is hardly a substitute for an exhaustive adoption law. The Juvenile Justice (Care and Protection of Children) Act, 2000', which replaces the Juvenile Justice Act 1986, f contains provisions relating to adoptions. The JJ Act envisages setting up of Juvenile Justice Board - district level committws under District Magistrate with special experience in child welfare, to give children in adoption according to guidelines laid down by state government. It allows parents to adopt more than one child of each s*x and recognises the single parent. A person who has not completed 18 ^ -^ears of age is a child under the JJ Act whereas under HAMA a child is a person who has not completed 15 years of age. Thus the JJ Act brought in same improvements in the field of in-country adoptions^. It is of interest to note that JJ Act recognizes adoption as an important process in the rehabilitation and social reintegration of children who are abandoned. However, the JJ Act excludes from its purview those children who have been voluntarily relinquished by their biological parents. It also does not speak about the process of inter-country adoption. 't'aper presented at the National Seimnar on Personal Laws jointly organised by Indian Law Institute, Delhi and Dr. Ambedkar Government Law College, Pondy on 10* 11th, March 2002 at Pondicheny. *♦ Bsc., M.L. Ph.D., Department Of Legal Studies, University of Madras, Chennai- 600 005 � Gazetted on December 30,2000, and became law on April 2001. Hereinafter JJ Act. ^ForaconunentonthedifRcultiesofthe Act SeeParvathiMenon,�.4 New Act and Some Concerns", Frontline Vol 18(ii) May 26-June 2001.

(Guest)
LAW RELATING TO ADOPTION OF INDLWf CHILDREN BY FOREIGNERS* � by Dr.A.David Ambrose** Adoption can be made for various purposes that could be religious, social and economic. Accordingly adoption is compelled by various reasons. An issue less person, especially a Hindu, needs a child, preferably a male, for folfilling certain religion obligations/requirements under personal law of him. Similarly a destitute or abandonied child has to be given in adoption considering its foture. In this fashion it could be social and economic as the society is still in the ugly grip of female aversion due to so many social problems including dowry, which often results in female infanticide or abandonment of female children. The Hindu Adoptions and Maintenance Act, 1956 (HAMA) regulates adoptions among Hindus - exclusively. The person adopting, the person adopted, the person giving in adoption all have to be ' Hindus. Futile attempts were made in 1972 and in 1980 to enact a uniform law of adoption. The Non- Hindus like Christians, Parsis, and Jews could adopt a child through the procedure under the Guardians and Wards Act (8 of 1890), which is hardly a substitute for an exhaustive adoption law. The Juvenile Justice (Care and Protection of Children) Act, 2000', which replaces the Juvenile Justice Act 1986, f contains provisions relating to adoptions. The JJ Act envisages setting up of Juvenile Justice Board - district level committws under District Magistrate with special experience in child welfare, to give children in adoption according to guidelines laid down by state government. It allows parents to adopt more than one child of each s*x and recognises the single parent. A person who has not completed 18 ^ -^ears of age is a child under the JJ Act whereas under HAMA a child is a person who has not completed 15 years of age. Thus the JJ Act brought in same improvements in the field of in-country adoptions^. It is of interest to note that JJ Act recognizes adoption as an important process in the rehabilitation and social reintegration of children who are abandoned. However, the JJ Act excludes from its purview those children who have been voluntarily relinquished by their biological parents. It also does not speak about the process of inter-country adoption. 't'aper presented at the National Seimnar on Personal Laws jointly organised by Indian Law Institute, Delhi and Dr. Ambedkar Government Law College, Pondy on 10* 11th, March 2002 at Pondicheny. *♦ Bsc., M.L. Ph.D., Department Of Legal Studies, University of Madras, Chennai- 600 005 � Gazetted on December 30,2000, and became law on April 2001. Hereinafter JJ Act. ^ForaconunentonthedifRcultiesofthe Act SeeParvathiMenon,�.4 New Act and Some Concerns", Frontline Vol 18(ii) May 26-June 2001.

Kumar Doab (FIN)     30 October 2016

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Adoption-of-an-indian-muslim-child-by-a-canadian-hindu-woman-143774.asp

 

Pls initiate one thread and continue in it.


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