cpc

adoption of son 17 years old


A friend had divorced 5 years ago, and his 24 year old son cut contact with him then. He has been living alone with his ailing mother since then. A maid who takes care of his mother has a 17 year old boy. My friend has helped out with his education fees in past. My friend wishes to adopt him as now he is lonlely has no relatives. He doesnt want to adopt any young child as he is himself in late 50's. Can such adoption be done? What is the process? (the boy and his parents have no objection)
 
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Advocate

Yes, the adoption can be done. The person (who wants to adopt the boy) should go to the office of the registrar and fulfill the formalities. After fulfilling the formalities, the name of his father will be changed.
 
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Practicing Advocate

No.... a child above the age of 15 years cannot be adopted unless there is any custom or usage governing the parties which allows that. Also there is a bar of s.11(1) of the Hindu Adoption and Maintainance Act in this case as the man is having a son.

 
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He cannot adopt any child as he is having his own son. The District Court can dismiss the application for adoption on this ground. Therefore, it is not advisable to proceed.

 
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Thank you all. Thought the age of the child and the fact that this man already has own son could be issues. However, his son has completely disconnected from my friend, and he and his mother have now also become citizen of USA. So hardly likely to ever come back. This man (and his mother) has no succession blood relatives in india. And is already past 55, so adopting too small a child may also not be wise. So what can he do? in such situation? Is there any way out? He is needing some support so he and his mother can feel secure. Kindly advise
 
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Thank you all. Thought the age of the child and the fact that this man already has own son could be issues. However, his son has completely disconnected from my friend, and he and his mother have now also become citizen of USA. So hardly likely to ever come back. This man (and his mother) has no succession blood relatives in india. And is already past 55, so adopting too small a child may also not be wise. So what can he do? in such situation? Is there any way out? He is needing some support so he and his mother can feel secure. Kindly advise
 
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