LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

meethi viswanathan (housewife)     29 March 2013

Court order for adoption deed

Hi,

Need some help in understanding the process for adopting relatives child. I live in Andhra Pradesh with my parents  and my husband works in US.

We are planning to adopt my cousin's baby as per HAMA law. From the earlier posts, looks like we need to get an adoption deed signed by natural parents, and adoptive parents and get it registered in Sub Registrar's office. 

We contacted the US consulate in chennai for visa rules and they told us that adoption deed is just not enough. They want court order as well. 

Can somebody tell me how to get court order? should we file a petition in court after registering the adoption deed ? Or should we request for court order prior to registering the adoption deed ?

how long would it take to get the court order ?

 

thanks

rekha



Learning

 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2013

Registration of the adoption deed is more than sufficient.  There is no procedure in the court 

meethi viswanathan (housewife)     29 March 2013

Hi,

 

thanks for the quick response.  I spoke to a lawyer here and he too told me that registration of adoption deed is sufficient. But US embassy has asked us to get court order as well. They need both adoption deed and Court order to treat our adoption as valid. without the court order, they will not issue the visa for our child, and I will not be able to take my child to join my husband. 

So can someone tell me how to apply for court order in the case of Relative child adoption ?

meethi viswanathan (housewife)     02 April 2013

Hi,

 

can someone tell me what's the process for getting court order from an adoption deed? Ours is an intra family adoption being completed under HAMA law. Court order is not needed from Indian law perspective but to take the child to US, court order is also needed.

please share your inputs.

thanks

sashi

Raj (PM)     03 April 2013

You can file for the court order at the SDM (Magistrate office) of your area. You may also need birth certificate for the Visa i believe.

meethi viswanathan (housewife)     07 April 2013

Hi Raj,

 

thanks for the reply. Do we need to apply for court order first ? Or can we first register adoption deed in registrar office and then apply for court order ? Can you tell me which should be the first step : registering adoption deed vs getting court order

 

 

Raj (PM)     07 April 2013

The adoption deed needs to be registered first. Then you can apply at the SDM office with the copy of the registered adoption deed. The SDM will issue an order to the Muncipal offce to issue the birth certificate. The SDM office will also require an letter from where you have adopted the child. I am not aware how this will happen since you are adopting from a relative

VC (NA)     24 April 2013

 

Hi Rekha, 

Wanted to ask if you had any more info/progress, especially from US embassy side, as I am in same situation in a few weeks. Were you able to get court order? What visa category are you applying for? I tried to PM but it is not working.

meethi viswanathan (housewife)     25 April 2013

Hi,

When I contacted US embassy in India, they told us that court order is mandatory. Adoption deed is just not sufficient. We will be adopting in aug and we need to fulfill 2 years of legal and physical custody after which visa for our hold will be granted. We will be applying or h4 visa since my husband is on h1b. 

Are u in similar situation? R u adopting relatives child? Which visa category do you fall into ? R u a green card holder? Pls reply back. We can be in touch to share information and experiences. My email I'd is sashikv@yahoo.com.

 

thanks

prasad (software engineer)     04 June 2013

My Lawyer told that, adoption deed is the proof for full and final adoption.

Did you get the court order? What is US Embassy saying? please reply me back to indira1800@yahoo.com

Ratna Singh (Student)     02 October 2013

Is there provision for registration of adoption under Registration Act?

inquisiteMind (NA)     17 July 2014

Hi,

 I recently went through adoption under HAMA and got it successfully done within a months time with new birth certficate of the baby in my hand 

here are the steps and it addresses the court order need as well

Once both families are of consent and families are of Indian nationality satisfying the criteria of adoption as mentioned in HAMA , following needs to be done

1. Hire a lawyer and get the adoption deed prepared. 

2. Get the puja associate with the adoption done and photographs taken.

3. Ensure there is a birth certificate of the  child, it makes process very easy. Else you need a order from magistrate court to be able to register the birth of child in Birth and Death registration office in your area.

4. These documents are to be registered in Registrar office ( No need to register in court ). - This becomes a legal document and holds true in court of law in case of any dispute. -- Lawyer will provide you will details of documents to be attached ( Name, brith and Address proof of both parents, Birth certificate of baby ).

5. Once registration is complete and you have the adoption deed. Go to the Birth and death registration office in your area, get a form for birth certificate specific to adoption case from them.

6. Fill this form and submit with original birth certificate, based on this they will issue a new certificate with father and mother name updated. Also the name of child can be updated, if changed name is mentioned in adoption deed ). -- Note, this is the toughest part i felt as the Name and death registration office are not experienced with this generally and get confused with process and step. -- Atleast i had this problem in my area and i had to educate them but meeting their supervisors fetching the guideline book etc.

Once you have the birth certificate , everything after that is easy and same as in case of natural child. You do not need adoption deed to be submitted anywhere else. Not even for any visas. -- Unless the child had a existing passport with original parents name. Then it is  little complex.

In my case, i had to immediately apply for her L2 visa and it was very easy, US embassy had no questions and issues as the passport of baby had our names on it .

Virendra   22 August 2017

Hi there, We are Australian PR and in the similar situation, we have adopted the baby under HAMA and want to get a no objection certificate from CARA so that we can get the Australian visa for my baby. CARA doesn't consider adoption deed and is asking for the court order. Could some please suggest on the process of getting the court order based upon adoption deed? Is there a sample court order available? Any pointers will be great, please respond to me on mr_virendraagarwal@yahoo.co.in Thank you, Virendra Agrawal

Sankaranarayanan (Advocate)     22 March 2021

Yes the seeking court order for adoption is valid. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query