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Mr. Fahad   30 July 2019

Adoption of child

Hi Everybody, One of my friend would like to adopt a child from his close relatives.. could someone please advise process of adoption of child.. Thank you.


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 10 Replies

Mr. Fahad   30 July 2019

My friend is Muslim and he want to adopt from his relatives who is also Muslim family.

Shashi Dhara   30 July 2019

Islam doesn't recognises adoption and their is no act to adopt in Islam.

Mr. Fahad   30 July 2019

Sir then how can my friend can take that child legally actually my friend has no children at all.. pls suggest!

Shashi Dhara   30 July 2019

He can adopt by taking custody of child as gaurdian but he cannot inherit his property so he can gift the property to child when he attends majority .

P. Venu (Advocate)     30 July 2019

Yes, Mohammadan Law does not sanction adoption.. However, the Supreme Court has  ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.

Mr. Fahad   31 July 2019

@ Shashi Dhara .. What is the method to take custody of child as gaurdian.. Weather this process of guardian heald by any deed of registration or through competent court.. Could you please enlighten about the procedure to take custody of child as guardian..

Mr. Fahad   31 July 2019

@ P.Venu.. Under Juvenile Justice can any religion person can adopt a child ? Can my friend adopt child from his close relatives not from orphanage or any other child care taking institutions ? Pls suggest..

Mr. Fahad   02 August 2019

Thanks for the information and have a great day 👍.

Mr. Fahad   07 August 2019

Hi guys, I have checked at civil courts advocate they are stated that first Muslim can not take adoption and as per Guardian & wards act when natural parents of child are alive then guardian can not be appointed.. is this correct? No solution found yet!

Real Soul.... (LEGAL)     19 August 2019

I THINK YOU CAN ADOPT THE CHILD UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015; 

PLEASE GO THROUGHT THIS DOCUMENT; https://cara.nic.in/PDF/JJ%20act%202015.pdf

HOWEVER FOR ANY MUSLIM A VERBAL PROMISE STRONGER THAN ANY WRITTEN DEED.

 

 


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