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Adv. Rayar (Legal Practitioner)     22 January 2013

Obtaining birth certificate for adopted child

Dear Sir/Madam,

I've a legal doubt about obtaining a birth certificate for an adopted child.

One Hindu couple, who have no issue, adopted a 4 months old baby from one widow and the adoption deed was executed, registered. All of them belongs to Rural area in TamilNadu. The birth of the baby is not yet registered anywhere else. Now the parent who adopt the child, want to obtain a birth certificate to that baby with their own names as parent's names instead of the biological parent's name.

What is the procedure to obtain it?

If I get the non-availability certificate of birth from the Registrar office, I can easily file a suit in court to direct the registrar to register the birth.

How to get the non-availability certificate with the names of adoptive parent?

Await for your reply.

 

 

Thanks in advance.

Adv. Rayar,

Perumanal,

Tvl.106



Learning

 8 Replies

Tajobsindia (Senior Partner )     22 January 2013

Your sequence has flaw;

1. If any birth is not found registered, the Registrar shall issue a Non Availability Certificate (NAC is issued under The Registration of Marriages, Births & Deaths Act 1969 State Amendments included).

1.1
First approach the MO and ask for a BC form. You will get it free of cost. Now fill up the form which is a single page Form - Fill the child's name and parents' name in the relevant sections, fill no. of copies section as 1, leave the Name of hospital (where born) as blank if child born at widow's home, fill the section "Place of Birth" with the address of the widow from where your clients have adopted the child (donot put the name of the widow but just her address), submit the form along with a copy of adoption deed. Pay Fees.

2.
The MO checks at the concerned address for the child availability. Since the child was not born there, it would issue a Non Availability Certificate (NAC) once you collect free of cost Form, fill it and submit along with requisite fees.


3.
The MO would ask you to collect the NAC on a due date.


4.
On the due date go to MO, collect the NAC and use the same to file a petition at the District Magistrate's office.


5.
Court then will issue an Order for the MO to generate a BC (birth certificate).


6.
Using the Court Order of the ld. Court again apply at MO following 1.1.


7.
Now MO will generate a BC (birth certificate) with the parents' name in a case where no prior Birth Certificate was found on record and child was adopted and registered adoption deed also exists.

7.1 CARA which is Central Agency has already issued strict guidelines that the name of adoptive parents shall appear as “parents” and the term “Adoptive Parents” or “Adopted Child” shall not be used in the birth certificate in reference to facts of your query. [Chapter VI, Rule 82, sub-clause 2 and 4 is helpful reference for your facts].

Hope your query is clarified?

jeyaraman (Clerk)     06 January 2014

We have adopted a child and have got the Court Order from Addl. Dist.Judge,Madurai,Tamilnadu.  We have applied for Birth Certificate in the Corporation. But they are refusing to give Birth Certificate by pointing out that the Commissioner of Corporation have not been included in the Court Order as one of the petitioners.  Hence, they are insisting us for applying a fresh case in the court by including the Commissioner of the Corporation as one of the parties.

The present Court Order pronounces that it is hereby directed that all the authorities including School authorities and also the Authorities under the Registration of Birth and Death Act to accept the date of birth of the adopted minor child.

While contacting the lawyer about this, he is also telling the same version as that of the Corporation authorities.  He has also mentioned that the Date of Court Order is more than a year from the Date of Adoption, it is necessary to do so.

Kindly clarify and guide us in this regard at theearliest.

Jeyaraman
Madurai.

jeyaraman (Clerk)     10 January 2014

We have adopted a child and have got the Court Order from Addl. Dist.Judge,Madurai,Tamilnadu.  We have applied for Birth Certificate in the Corporation. But they are refusing to give Birth Certificate by pointing out that the Commissioner of Corporation have not been included in the Court Order as one of the petitioners.  Hence, they are insisting us for applying a fresh case in the court by including the Commissioner of the Corporation as one of the parties.

The present Court Order pronounces that it is hereby directed that all the authorities including School authorities and also the Authorities under the Registration of Birth and Death Act to accept the date of birth of the adopted minor child.

While contacting the lawyer about this, he is also telling the same version as that of the Corporation authorities.  He has also mentioned that the Date of Court Order is more than a year from the Date of Adoption, it is necessary to do so.

Kindly clarify and guide us in this regard at theearliest.

Jeyaraman
Madurai.

jeyaraman (Clerk)     10 January 2014

We have adopted a child and have got the Court Order from Addl. Dist.Judge,Madurai,Tamilnadu.  We have applied for Birth Certificate in the Corporation. But they are refusing to give Birth Certificate by pointing out that the Commissioner of Corporation have not been included in the Court Order as one of the petitioners.  Hence, they are insisting us for applying a fresh case in the court by including the Commissioner of the Corporation as one of the parties.

The present Court Order pronounces that it is hereby directed that all the authorities including School authorities and also the Authorities under the Registration of Birth and Death Act to accept the date of birth of the adopted minor child.

While contacting the lawyer about this, he is also telling the same version as that of the Corporation authorities.  He has also mentioned that the Date of Court Order is more than a year from the Date of Adoption, it is necessary to do so.

Kindly clarify and guide us in this regard at theearliest.

Jeyaraman
Madurai.

Avadhesh Paliwal (advocate)     14 January 2014

you dont have to move any court untill unless you send the child in a school you can give him a birth date of child and give a letter to school that case is pending in court for birth date in between the date of as you want is in running.....

I think we required a  strong political parties for this country ..........like a narendra modi....

regards,

avadhesh paliwal

sankar (Software Engineer)     02 June 2014

Let me tell what we did.

We can change the biological father/mother name in the birth certificate with the adoptive father/mother name as per new circular from CARA.

Get a valid adoption deed executed from court and get it registered in the Sub registrar in your area.

Submit an application to make correction in the Birth Certificate along with Form 1-A to the Birth Registrar in your place.

Birth Registrar will make required correction as per the court order and provide you the new Birth Certificate

sidhartha varma (md)     10 September 2014

Dear Sir,

Your valuable suggestion required.I got divorced on 5th may 2012 and later got remarried.

I have a decree with my baby girl custody.at the time of divorce itself my later husband took a adoption deed from my ex husband regarding my baby.Showing this to muncipal authorities i took the birth certificate in 2012 (baby was born in 2010 but no certificate taken) mentioning 2ns husband as father.Is it fine or any legal issues would come up?plz confirm.Can i take a passport for the baby similarily.ur views are awaited plz.thank u.

r Kannan   19 May 2017

dear Sir,

My daughter who is a NRI adopted a baby girl child from Mumbai following all the procedures through CARRA and getting a court order. While applying for the birth certificate of the child, the Muncipal authorities at Andheri office have issued the certificate but mentioned in the remarks that the child is adopted from such and such agency (name withheld). How can this be accepted?

Kindly let me know how to get this corrected.

kannan


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