mrs rupa (nil) 06 February 2012

Adoption of step son

Hello sirs

got married to an NRI who sent me back India with my new born baby and never responded to any of my calls or letters. 7 afters this i got ex parte divorce from Indian court on grounds of dessertion. 2 years after divorce got married again. now my querys are-

1.My husband wants to adopt my son but we are not sure about the procedure for it. My lawyer says that adoption of step child is not possible as we can't make an adoption deed in your case. He says HAMA requires give and take procedure and how can i give my own child to myself and my husband?
In case my lawyer is wrong, what should be the language of this particular adoption deed?
2.Or is it going to be applying for something like joint custody / my husband sharing the custody of my son ?
3. my divorce decree is silent about custody of my child. Do i need to get sole custody from court? My lawyer says that biological father is not seen for last 12 years so i'm the natural guardian so i don't need a sole custody.
4. My husband has a son from his first wife whose custody is with his ex wife. Does this fact prevents him from adopting my son?

5. i changed the name of father in my son's school showing them my divorce decree and marriage ceritificate of my second marriegae. School was satisfied and now my son's all documents are carrying my husband's name. Do i need to do something to legalize this change?

Regards

Rupali

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4 Replies

Tajobsindia (Senior Partner ) 06 February 2012

@ Author

There seems to be minor communication gap between current ld. brother advocate and your side so it seems.

As per Law your second husband can always adopt your first husband’s child. Your factual matrix narrated before us makes it more easier as you are in ex-communion and your ex party divorce itself shows so.

The child is with you and you need not apply to court for its sole – custody now.

A. There is no distinction with regard to adoptions between private parties and adoption of abandoned children sanctioned by the Public Authority. The court has to only see whether "it is a case of a Hindu adoption of a child who resides within the local limits of his jurisdiction''.

B. Under the law, the city civil court had "the power to decide on the adoption of any child, if such a child resided ordinarily in the local limits of the courts jurisdiction''.

May be annexed Mumbai HC judgment reading-down may help as it shows way out by giving clarity to main question before us.

You need to approach Advocate(s) who specializes in Adoption not Family Law for discussing issues in hand and it is doable!

Attached File : 820503149 step child adoption.pdf downloaded: 276 times

lawyer_rajiv (9811284735) (lawyer) 06 February 2012

you have already done what was required to be done i.e. changing the name of father by showing divorce decree. nothing more can be done in this case as your son is already a step son of your present husband. regarding your ex husband, he may not get the custody of your son but he may seek visitation rights if he wants. kindly forget the adoption issue.

mrs rupa (nil) 06 February 2012

Sir, thank you very much for your valuable advice but i cann't forget adoption issue as my son is a US born citizen and they need an adoption /guardianship order by court .Seems my ex husband will not seek for any visiting rights as he saw the child as a new born only, after that he is not seen for last 12 years.