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koustubh bhide   06 July 2017

Adoption of child

one person had adopted a child from another person through registered adoption deed. my question is that again origional mother /father can adopt the same child if both the party wishes for the adoption?



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 7 Replies

Siddharth Srivastava (Advocate)     06 July 2017

Yes, as such there is no prohibition.

Arjun Kohli   06 July 2017

First of all, it is essential to understand that when an adoption takes place under the Hindu Adoption & Maintenance Act, the adopted child severs all the ties with his/her natural family and becomes a part of the new family. This act does not allow the concept of "Re-adoption", i.e, the adoptive parent(s) can not give the child up for adoption further, during their lifetime.

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 July 2017

Sir, I agree with Arjun Kohli Sir .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741 https://kapilchandnaadvocate.wordpress.com/
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Ms.Usha Kapoor (CEO)     07 July 2017

I opine that once a valid  registered adoption is made under Hindu Adoption and Maintenance Act The  child's biological  parents rights get terminated if consent of adopfed parents is  obtained nothing prevents the biological partents from readopting their child and it'd be a valid adoption.Since the  adopted parents and the biological parents wish and  agree for readoption  of child  by the biological parents it'd be a valid readoption by the child's biological parents and thus termination of biological parents rights would  be  restored  after  1st adoption.

Urmila   07 July 2017

Can a biological mother alone will be able to get d adoption deed cancel if her consent was taken forcefully during d adoption and if yes what d procedure as child is just 3 months old require mother

Arjun Kohli   07 July 2017

Originally posted by : Urmila
Can a biological mother alone will be able to get d adoption deed cancel if her consent was taken forcefully during d adoption and if yes what d procedure as child is just 3 months old require mother

It is one of the essentials under the above-mentioned act that when Father and Mother of the child are living, the father has the authority to give the child in adoption, however, it must be with the consent of the mother of such child. In this case, as it is stated that the consent was forcefully taken, the same can be definitely challenged before an appropriate Court on the grounds of invalid consent of the mother, as well as the biological needs of the child who is merely of 3 months old and under the said act, the supreme guiding factor for the Courts is the welfare of the child. 

I believe one can file for the cancellation, accompanied by an application praying for an interim order, immediately granting the custody of the said child back to the biological mother, citing the biological welfare of the child itself.

I would still like to suggest to get some capable legal counsel with whom the exact details could be shared and a proper case be made out with a strong assertion for interim relief.


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