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(Guest)

Adoption

A woman lost her husband.  she has two children boy 14 years and girl 10 years.  She is living with her husbands brother, who is planning to buy a property for her.  One conditiion is that the children should recognise him as father, by taking them in adoption.  Will this work, is it legal.  I donot think it is legal.


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 6 Replies

Manish Singh (Advocate)     28 May 2008

This consideration can not held lawful consideration for that contract. Its better that she gets married to that person. otherwise he can gift the property to her and take the children in adoption separately.

Prakash Yedhula (Lawyer)     28 May 2008

There cannot be a consideretion for adoption. However, the children can be given in for adoption if you feel so. The legal formalites are as follows: The only codified law available for adoption in India, is THE HINDU ADOPTION AND MAINTENANCE ACT (HAMA) This Act came into force in 1956 and is applicable to: Ø any person who is a Hindu by religion in any of its forms or development. Ø any person who is a Buddhist, Jain or Sikh. Ø any person who is not a Muslim, Christian, Parsi or Jew. Ø any child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs. Ø any child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up. Ø any abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc. Ø any person who is a convert to the Hindu, Buddhist, Jain or Sikh religion. YOU CAN ADOPT IF… 1. You are a Hindu male, over twenty one years, single and of sound mind. 2. If you are a married Hindu Male, only with the consent of the wife. 3. If you are a female Hindu of sound mind and single viz. either married, widowed or divorced. WHO CAN YOU ADOPT 1. a son-if you do not have a biological son, grandson or great grandson. 2. a daughter - if you do not have a biological daughter or a son's daughter. The adopted child enjoys all the rights of the biological child.

(Guest)
Thank you Manish and Prakash

AJAY KUMAR (chief accountant)     15 March 2010

i want to adopt a child having age of 20 years please provide me adoption deed

my email is bakshi2008@sify.com

Gundlapallis (Advocate)     16 March 2010

Dear Mr. Ajay: 

 

All adoptions under HAMA are secular, so that religious ceremonies such as ‘Dattak Homa’ are not necessary.

The HAMA abrogates all pre-Act customs and usages pertaining to adoption except in two areas, where custom is  preserved:

       (i) A married child can be adopted, if custom permits such an adoption, and

      (ii) A child of fifteen years or above can be adopted if custom permits such an adoption.

 


 

AJAY KUMAR (chief accountant)     16 March 2010

Thanks Mr. Gundlapallis

please tell me what kind of deed will made please provide in full format


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