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Ram (B)     25 November 2014

Court order for hama adoption

Dear Sir,

We are looking to adopt a baby. It appears that we can do so with an adoption deed, under HAMA procedure, as long as both parties are Hindus, and we (adoptive parents) don't have another child of the same s*x.

We need to get a court order to ratify the adoption deed. How does one go about doing this?

Please advise.

Thank You



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     26 November 2014

Dear, Just get the simple adoption deed drafted and adopt the child.....two witnesses are required..... Kapil chandna adv, 9899011450

Ram (B)     28 November 2014

Dear Sir,

Yes, the adoption deed will enable us to complete the adoption. However, for purposes of USA immigration, the US embassy asks for a court order. How can we get a court order to ratify the adoption deed?

Thanks.

Adv. Chandrasekhar (Advocate)     28 November 2014

If the adoption has been taken place meeting all the eligibility requirements, then adoption deed shall be executed and can be registered.  There is no requirement in India to get a court order.  Even then, if you want to have a court order, I have no option except to suggest the following method.  After adoption deed is registered, file a declaratory suit before the Civil judge making adopting father and mother as petitioners and natural parents of the adopted child as respondents and give the respective statements before the court and get the declaration decree that the adoption deed is legal.  If any other expert gives better idea with his own experience, I also along with the queriest welcome it.

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

Advocate Chandrasekar sir, you have given the proper and correct advise with regard to the subject query.  Yes after adoption formalities are completed, with a copy of the registered deed, one may approach a civil court of law with a declaratory suit seeking the relief  to declare the adoption as  legally valid.

1 Like

Ram (B)     30 November 2014

Thank you very much for the inputs. 

Regarding the declaratory suit in the civil court, two questions - 

a) Can it be done in any city, or is there any restriction that it should be in the same city where the adoption deed was done?

b) Do the natural parents need to visit the court in person?

Thanks.

Adv. Chandrasekhar (Advocate)     30 November 2014

It can be where adoption had taken place or where natural parents were residing. Their presence in court is required.

mukherjeeporibar   11 May 2015

Can the declaratory ratification of the adoption deed be done during the same court session as the mutual divorce?

As the registration of the HAMA based adoption deed will be completed prior to the mutual divorce hearing date, does the divorce agreement need to be changed in any way to reflect the fact that the husband is no longer the legal father?

Virendra   23 August 2017

Dear Advocate Chandrasekar Sir, we are in the similar situation, we are Australian PR and have adopted the baby under hama act from personal sources. Australian immigration will require NOC from CARA (central adoption resource authority) but CARA is asking to get the court order. your suggestion on getting the court order seems straightforward. Is there a sample declaratory suit available that we can reference to? Thank you.

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