UJAS DHARAMSHI (Corporate Lawyer) 12 October 2010

alternative to adoption?

Dear All, According to adoption law, a child cannot be obtained after child is above 15 years. So if a child is 18 yrs then how can he be adopted?? Can making a trust and appointing child beneficiary be an alternative.. Or a change of name same as adoptive parents surname and then a contract can be made between adoptive parents n child?? What can be done to adopt a 18 yrs child?? The adoptive parents hv no children n r above 50 yrs. Kindly suggest any remedy.

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4 Replies

Suchitra. S (Advocate) 12 October 2010

Sir, I think the adoption law in India does not support the conditions regarding the age of adoptive parents and also adoptive child in the case you have mentioned. I think it is possible to make a Trust and name the person to be adopted as a beneficiary. But I feel they miss the relationship which prevails between the parent and the child. It is just giving the benefits in a different form. The emotional bond will be absent.

(Guest)

What about Khazan Singh Vs U.O.I. Khazan got into police service after getting himself adopted into a scheduled caste family. Justice Krishna Iyer not only upheld this adoption but even lauded and encouraged it.