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Sathyan A.R. ( Advocate practising tax advisor)     20 October 2010

amendment to act of adoption and gurdians of minor children

In a Historical and Lad mark legslative process, the Governemnt has amended the act relating to adoption and guardian ship of minor children, the parliament during agust.1922

Hittherto men were only entitled to adopt and alo become guardian for minor children.

With the passing of this amendment 2010  women are also made eleigible to adopt  and also become guardian for minor children.

With the passsing of the bill, the equality as shrined in the preamble of  consitution is establishment between men and women in the matter of adoptin of child as well as becoming guardian for minor child. This amaendment is a step to ward removing gender bias in our society and grant equltiy of status to women in family matters.

A.R sathyan



Learning

 7 Replies


(Guest)

if gender unequqlity to be removed remove 15(3) and Hindu Marriage act, bring a gender neutral common civil law.

this is just to destroy our social & cultural fabric and promote adultery and Prostitution in india.
 

Sathyan A.R. ( Advocate practising tax advisor)     20 October 2010

Indian preamble subscribes to secularity. In a secular society where  multiple religions co exist it is not advisable to bring a common civil law of marriage.  Yet the special marriage Act serves the purpose.

The particular amendment made making the women eligible to adopt and also offer guardian ship to minors is to be viewed from the angle of  removing gender inequality since widows and even single unwed women were deprived of adoption as a means of old age protection

A.R.Sathyan

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 October 2010

 

I have a query on this adoption matter.The issue is like this

A after deatch of his wife marries B a divorcee with a girls child.A has one son.Issue regarding adoption was not discussed before marriage, but after marriage B started forcing A to adopt her daughter and now she has left A and is staying with her parents and asking for adoption for her daughter first if husband wants her back.

What are the rights of step father after he adopts the child can biological mother claim maintenance after adoption because they are staying separately.A is ready to adopt but fears that B will create problem after adoption.

PLEASE ADVISE AS EARLY AS POSSIBLE ANDY WAY TO SAVE THE FAMILY.A IS READY TO GIVE IN WRITING THAT HE WILL BEAR ALL THE EXPENSES OF B AND HER CHILD AND WILL ALSO ADOPT ONCE RELATIONS ARE NORMAL BUT B AND HER PARENTS ARE FORCING FOR ADOPTION.

B HAD TAKEN EARLIER HUGE AMOUNT AFTER DIVORCE.

Sathyan A.R. ( Advocate practising tax advisor)     26 October 2010

Your query cannot be acnswered off hand without looking in to various papers relating to the matter.

The scope of the decison of the court islimited in recognition of womens right for adoptionand also as

guarantor.

 

A.R.Sathyan

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 October 2010

AN EXPERT ADVICE IS REQUIRED

I have a query on this adoption matter.

The issue is like this A after deatch of his wife marries B a divorcee with a girls child.A has one son.Issue regarding adoption was not discussed before marriage, but after marriage B started forcing A to adopt her daughter and now she has left A and is staying with her parents and asking for adoption for her daughter first if husband wants her back.

What are the rights of step father after he adopts the child can biological mother claim maintenance after adoption because they are staying separately.A is ready to adopt but fears that B will create problem after adoption.

PLEASE ADVISE AS EARLY AS POSSIBLE ANDY WAY TO SAVE THE FAMILY.A IS READY TO GIVE IN WRITING THAT HE WILL BEAR ALL THE EXPENSES OF B AND HER CHILD AND WILL ALSO ADOPT ONCE RELATIONS ARE NORMAL BUT B AND HER PARENTS ARE FORCING FOR ADOPTION.

B HAD TAKEN EARLIER HUGE AMOUNT AFTER DIVORCE.

To save the relations and family A is ready to give everything in writing and adopt the child after 2-3 years when relations become normal.

Please advise what to do so family is saved and A also do not get entangele in legal tussle at the moment.

 

 

Jamai Of Law (propra)     26 October 2010

The gender eligibility requirements of 'taking the kid in' the adoption is broadened.

 

The gender eligibility requirements of 'giving the kid in' the adoption is unchanged.

 

A single/unmarried adult woman may take a baby in an adoption, subject to other conditions.

 

But only A unmarried adult adoptee mother  may give a baby in an adoption, subject to other conditions (although it may become adoption of the child for the second time, it is a remote possibility but not impossible)

 

Please correct me If  I am wrong

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     16 November 2010

 

AN EXPERT ADVICE IS REQUIRED

I have a query on this adoption matter.

The issue is like this A after deatch of his wife marries B a divorcee with a girls child.A has one son.Issue regarding adoption was not discussed before marriage, but after marriage B started forcing A to adopt her daughter and now she has left A and is staying with her parents and asking for adoption for her daughter first if husband wants her back.

What are the rights of step father after he adopts the child can biological mother claim maintenance after adoption because they are staying separately.A is ready to adopt but fears that B will create problem after adoption by not returning home and just asking for maintenance and rights in the parental property.

PLEASE ADVISE AS EARLY AS POSSIBLE ANDY WAY TO SAVE THE FAMILY.A IS READY TO GIVE IN WRITING THAT HE WILL BEAR ALL THE EXPENSES OF B AND HER CHILD AND WILL ALSO ADOPT ONCE RELATIONS ARE NORMAL BUT B AND HER PARENTS ARE FORCING FOR ADOPTION.

B HAD TAKEN EARLIER HUGE AMOUNT AFTER DIVORCE.

To save the relations and family A is ready to give everything in writing and adopt the child after 2-3 years when relations become normal.

Please advise what to do so family is saved and A also do not get entangele in legal tussle at the moment.

 


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