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rajvinder (lawter)     28 July 2008

adoption query pls solve it immediately

pls tell me whether a child can be adopted only by making adoption deed ang getting it registered or it is necessary to adopt a child  through court .


Learning

 14 Replies

SWATI ATRIWAL (LAWYER)     29 July 2008

yes it is necessary to get child adopted through court as there is so many diffrences in between the rights of a natural child and the adopted one. To avoid future litigations one must go through court for adoption

rajvinder (lawter)     29 July 2008

what is the court procedure then pls tell me that

rajvinder (lawter)     29 July 2008

what is the court procedure then pls tell me that

GOPI KRISHNA (ADVOCATE)     29 July 2008

when the parents of child are executing a adoption deed then adoption through court proceedings is not necessary. the Adoption deed duly registered before the Sub-Registrar is sufficiednt.

ANAND SUMAN (Advocate Consultant & Trade Mark Attorney)     29 July 2008

can i have the adoption deed.


Thanks in advance.


Anand

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 July 2008

Mr.Anand,


pl. take down the adoption deed proforma.


ADOPTION DEED


This Deed of Adoption is executed on this------day  of-----------, Two Thousand and


BETWEEN;


------------------------------, S/O---------------------------, Age:-------------years, Occ:-------------, R/0-----------------------------------------------------------------and ............................,W/O.---------------------------, Age:-----years, Occ:---------------, R/)-----------------------------------------------------------are the ONE PARTY, hereinafter called "Natural Parents" which expression shall mean and include their heirs, successors, assignees and legal representatives unless repugnant to the meaning and context thereof;


AND


------------------------------------------,S/O----------------------, Age:-----------years,Occ:--------------,R/O-------------------------------and -----------------------------, W/o----------------------age,----------------Occ:-----------------, R/O----------------------------------------------------are the SECOND PARTY, hereinafter called "Adopted Parents" which expression shall mean and include their heirs, successors, assignees and legal representatitves unless repugnant to the meaning and context thereof.


NOW THIS DEED OF ADOPTION WITNESSETH;


1. That the marriage between -------------------and----------------took place ---------years ago. They have no issues. Doctors declared that threre is no chance of begetting the children. Hence they wanted to adopt a child. They met the second party and offered for adopting their son.


2. That the second party has ---------sons and ------------daughters. The natural father has been working as a ---------------------in-----------------., and is unable to feed -------------children. Hence the second party accepted the offer of first party, and agreed to give their-------------son ---------------------, aged-------------years, to give in adoption.


3.That -----------, the adopted child, is aged------------------years, and is not married.


4. That the first party has no living  Hindu sons or daughters or grand sons or grand daughters.


5.That the 'Datta Homam' is conducted today monring at--------------a.m. at--------------------------in the house of the adopted parents. The natural parents, i.e. the second party, physically handed over the child ----------------to the adopted parents i.e. the first party before the witnesses and caste elders.


6. That from to-day onwards, the adopted child shall be called as "------------------------, and shall have "--------------------otram of -------------------family. He shall be treated as the  ----------------son of the first party from hereinafter.


7. That all relations, rights and liabilities from the second party with ------------------have been severed.


8.That the first party has self-acquired properties - ---------buildings in------------------, -------------of land in----------------, and --------------. Out of these properties, the first party offers to write a settlement deed vesting ---------------land and ------------in ---------in the name of the adopted child. The first retains all rights over the remaining properties.


9.That if any condition or term is not mentioned in this deed, such condition or term shall be followed according to the provisions of the Hindu Adoptions and Maintenance Act, 1956.


IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first herein above mentioned.


1.Sd/-


(---------------------------)


2.Sd/-


(---------------------------)


FIRST PARTY


1. Sd/-


(-----------------------)


2.Sd/-


(------------------------)


SECOND PARTY


1.


2.


WITNESSES;


1.


2.


Documents written by----------------------------


 


 

Srinivas.B.S.S.T ( Advocate)     30 July 2008

Its a nice draft given by my friend. Apart that you have to give a
declaration that you have no biological issues prior to the adoption.

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     30 July 2008

DEAR FRIEND,
IN ADOPTION IF MALE ADOPTS FEMALE CHILD THERE SHOULD BE PARTICULAR AGE DIFFERENCE BETWEEN THEM. THIS APPLY TO FEMALE ADOPTS MALE TOO.THEN THE RELATIONSHIP BETWEEN THEM ALSO CONSIDER. IF YOU WANT CLEAR DETATIL CONTACT US vakkilbharathy@yahoo.co.in

SANJAY DIXIT (Advocate)     30 July 2008

If the child is from orphanage or child centre, then it is necessary to adopt the child through court.When the biological parents of child are executing a adoption deed then adoption through court proceedings is not necessary.

Guest (n/a)     31 July 2008

 


regarding courts procedure i m not very sure but up to my knowlwdge first it is to be applied to district judge by moving an application in this regard to seek permission. once the permission is granted then the adoption deed is sumitted.

arunprakaash.m. (advocate)     31 July 2008

Yes you are correct. For valid adoption of a child from orphanage the correct procedure is adoption through dist.court  by filing adoption petiton.

K Satyanarayana (Lawyer)     05 December 2009

Yes i agree with Mr. Gopi Krishna, Mr. Kamaraj Bharaty, and Sanjay Dixit, Good suggestion by Swati Atriwal

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 October 2011

If man and women marry for the second time and bothe have child from earlier marraige then can husband adopt child of wife from earlier marriage.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 October 2011

If man and women marry for the second time and bothe have child from earlier marraige then can husband adopt child of wife from earlier marriage.


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