Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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monica (n/a)     06 March 2009

Direct Adoption with Birth Parents

My husband (Indian citizen) and myself (US citizen) have adopted a baby from the birth parents directly under the Hindu Adoption and Maintenance Act. We are now staying in India with our baby for 2 years after which time we will be applying for immigration with our child.

My question is regarding the actual adoption per HAMA...is this recognized as a full and final adoption per Indian law? We did satisfy all the conditions under HAMA, ie: both Hindu, no children, did handing over ceremony.
The adoption deed was signed by both birth parents as well as by my husband and myself and was registered with the sub-registrar.

Do we still need a court order? My understanding is that court order is for cases where the guardianship of the child is not with the birth parent which was not the case here.

Do we need CARA's approval?

Any advice would be welcomed regarding the legality of this adoption in the eyes of the Indian legal system.



Learning

 4 Replies

Ajay kumar singh (Advocate)     06 March 2009

The adoption is legal and perfect.

Mahesh V.P. (Advocate)     07 March 2009

You are right, you do not require a court order, As per HAMA court order is required when adoption is given by a guardian or NGO. Welcome to the new world of parenthood you will understand that being a parent is a matter of minutes but remaining a prent is for life time. May God be with you.

ritu bhadana (advocate)     08 March 2009

this adoption is very much legal and fulfill all the requirements set up by the indian legal system.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

Yes. Ur adoption is legal & Perfect. Mr. Mahesh has clearly explained.


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