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lifeisanocean (service)     29 May 2008

Adoption of my son by his step father

I am an Indian and living in Bangalore. I have married for the second time after obtaining a mutual divorce from my ex-husband. My present husband was also a divorcee and didn't have any child from the previous marriage. My husband(present) wants to adopt my son and we would like our son to use my present husband's name as his father's name instead of my ex. In the divorce order, it has been mentioned that my ex doesnot have any objection if my son is adopted by any other person or couple and will never interfere in his upbringing. He doesn't pay any maintenance to me or my son and doesn't have any visiting rights. Do I still need to seek my ex's consent during adoption? I don't know my ex's whereabouts. What is the procedure is this case? Thanks in advance to all. 


 11 Replies

amit gupta_lawyer (lawyer)     29 May 2008

according to the facts given by u it seems that u have the custody right of ur child and ur husband had no objection at the time of taking of divorce. if u have the total legal right to take decision on behalfof ur child then u can gave ur child for adoption to any one u like and the consent of ur ex-husb is not required legally.

lifeisanocean (service)     29 May 2008

Thank you very much for your response. Yes, as per divorce order from court, I am the sole custodian.

Do we go to court for adoption or the procedure changes form state to state? We basically want to make sure, the adoption is legally valid and our son enjoys all the benefits of biological child of my husband.

Law in Karnataka is similar to most of the other states. Before advising I need to know two things one are you an Hindu or what releigion, this question has to be answered so that we can guide you correctly. Hindu's are governed by Hindu Adoption and Maintenance Act, 1956. Other religion by other acts. In most cases you donot need to go to court for adoption. But register the adoption deed with sub registrar. If you are not hindu see this REGISTRATION The adoption deed is not required to be registered (except in Uttar Pradesh where it declares or reserves an interest worth Rs. 100 or more for a third person in an immovable property). However authority to adopt is required to be registered under section 17(3), Indian Registration Act. UNDER MOHAMMEDAN LAW Adoption is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents. Islam does not recognize adoption. In Mohammed Allahabad Khan v. Mohammad Ismail, it was held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu system. Acknowledgement of paternity under Muslim Law is the nearest approach to adoption. The material difference between the two can be stated that in adoption, the adoptee is the known son of another person, while one of the essentials of acknowledgement is that the acknowledge must not be known son of another. However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and Wards Act. CHRISTIANS, PARSIS AND JEWS The personal laws of these communities also do not recognize adoption and here too an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.

A fee of Rs.200/- has been fixed by the Karnataka Stamp Registration authority for regn. of Adoption deed. V. For Registration of an Adoption Deed, or authority to adopt not conferred by a will, the fee payable shall be 1[Rs. 200.]

lifeisanocean (service)     30 May 2008

Thank you very much for guiding me. We are Hindu family and so was my ex. I would also like to change the surname of my son to my present husband's surname. Will the adoption deed take care of that or do I need to file an affidavit separately after/before the registration of the adoption deed?

Prakash Yedhula (Lawyer)     02 June 2008

Once the adoption takes effect, your son can use the surname of your present husband. There is no necessity to present a separate affidavit before the registrar for the purposes of using the surname

lifeisanocean (service)     03 June 2008

Thank you very much, Sir, for your kind response.

Guest (n/a)     17 June 2008


My wife and I adopted a 3 month old child. The child was abondoned by the mother 4 hours after delivery. The doctors who are family friends knew we wanted a child since my wife had a uterus operation and cannot conceive. We are married for 5 years without child. So the doctors called us and gave us the child. They also issued papers like my wife had delivered the child. Also we made an affidavit at the Tashildar office. Now, the child's biological aunty (father's sister) wants the child back. The father is paralysed by the way and they already have 2 sons so they cannot afford to look after the baby which is why they abaondoned. Now, the aunty is causing problems as she wants the child. Where do I stand if the matter comes before the law. thank you - Raj


Does the aunty know that the child with you is the same child, if yes how.  Why was this secret not maintained.

Your affidavit with tahsildar matters, what is written in it, does it state about the uterus operation or only the delivery of the child or about abandonment of the child.  This fact is required to help you further.

Why the aunty, what happended to the mother of the child.  Does she also claim the child.


Are they doing it for money.


sanjoy kumar (advocate)     10 January 2009

Lifeisanocean dear,

In fact, you have not mentioned the age of your son, due to which there is a natural difficulty to opine perfectly.

ritu bhadana (advocate)     31 March 2009

i agree with all my ld. friends

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