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kanan   10 March 2022

adoption of relative

is adoption process of court under Hindu adoption act and registration of deed possible through power of attorney holder as adoptive parents and child are in abroad


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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 March 2022

Power of attorney not valid. 

Document Required for adoption. You can see online submission 

 

CARA- Central Adoption Resource Authority

https://cara.nic.in

  1. Current family photograph/ photograph of the couple or person adopting a child
  2. PAN Card of the prospective adoptive parents
  3. Birth certificate/Proof of date of birth of the prospective adoptive parents
  4. Proof of residence (aadhar card/ voter card/ passport/current electricity bill/telephone bill)
  5. Proof of income of last year (salary slip/income certificate issued by Govt. department/income tax return)
  6. Certificate from a medical practitioner certifying that the prospective adoptive parents do not suffer from any chronic, contagious or fatal disease and they are fit to adopt (In case of married couple, upload Medical Certificate of both the applicants)
  7. Marriage certificate
  8. Divorce Decree/Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse in case of single prospective adoptive parent (if applicable).
  9. Two reference letters from acquaintances or relatives in support of adoption.
  10. Consent of the older child/children in the adoptive family (if more than 5 years)

Advocate Bhartesh goyal (advocate)     10 March 2022

No, adoption through power of attorney is not valid and registratuon of adoption deed through power of attorney  is not permissible. Natural parents and adoptive parents have to personally  present before sub registrar to register adoption deed.

Palak batra   10 March 2022

Dear Querist,

 

A foreign national adopts an Indian child under the provisions of the Guardian and Wards Act, 1890. The Indian court will appoint the foreigner as the child’s guardian. The foreign national will take the child to his own country and adopt him or her as per the laws of his country.

 

The legal procedure as provided in regulation12 shall, mutatis mutandis be followed in cases of inter-country adoption under this Chapter. In cases of the prospective adoptive parents habitually residing abroad and wanting the Specialised Adoption Agency to represent on their behalf as well, the application shall also be accompanied by a Power of Attorney in favour of the social worker or adoption in-charge of the Specialised Adoption Agency which is processing the case and such Power of Attorney shall authorise a social worker to handle the case on behalf of the prospective adoptive parents.

 

Regards,

Palak

Dr J C Vashista (Advocate)     11 March 2022

Very well analysed, opined and advised by experts, I endorse the same.

Consult a local prudent lawyer for better appreciation of facts, professional advise and necessary proceedings

P. Venu (Advocate)     11 March 2022

To my knowledge, adoption is not mandatory under Hindu Adoption and maintainance Act.

kanan   11 March 2022

thanks everyone

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