LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Meera (Director)     10 October 2013

Step child adoption

Hello. I remarried last year and my husband is keen on adopting my 4 year old daughter. 

My divorce paper clearly states that my ex husband has nothing to do with my daughter and has given her sole custody to me. He doesn't want to see her or claim her in any way.

This clears out the way for my husband to adopt my daughter.

However, the local government authorities have no idea about this procedure and have told me to simply write on a stamp paper saying I give my husband the rights to adopt my daughter.

However, my daughter's school insists on adoption certificate. So what is the procedure to procure this certificate and how can I get it?

Your help would be deeply appreciated.



 9 Replies

Adv k . mahesh (advocate)     10 October 2013

there is a format for adoption process

the adoption deed after executing it has to be registered with your local sub registrar office and also your ex husband signature should be on the deed 

all the particulars has to be mentioned in the deed and finally the registrar will ask about any objection ti the parties and he will sign the deed 

enquire with the sub registrar office or any other registration for procedure they will guide you 

1 Like

Meera (Director)     10 October 2013

Hi, Do I still need my ex husband's permission, even if my divorce decree clearly states that he gives up his custody completely?

Adv k . mahesh (advocate)     10 October 2013

yes being a natural father he has a right on his kids 

if he is not near by ask the registrar what next step to take adoption deed

Adv k . mahesh (advocate)     10 October 2013

its nothing but legally he is releasing his whole rights to adopted parents 

here one point is that you being a natural mother is the question if registrar says you can sign the documents then you can do but in other hand you are again accepting as a wife of kid adopted father 

Meera (Director)     10 October 2013

So is there a form, or I need a stamp paper on which I need to mention that I and My ex-husband are giving rights to my current husband to act as his father. The registrar here seems to have no idea as this is an entirely new situation for him. He said that my permission on a hundred rupee stamp paper should do.

Adv k . mahesh (advocate)     10 October 2013

yes and also take help of a document writer who makes such deed near the registrar office who will do the process and also tell whole situation about divorce 

Adv. Chandrasekhar (Advocate)     10 October 2013

law requires the natural father's and mother's consent to give the child in adoption, even though in divorce papers expressly mention  that natural father does not have any concern in respect of the child and and full rights are handed over to divorced wife.  So get a adoption deed on stamp paper and get his signature and you also put your signature in the presence of two witnesses and get the document registered in registrar's office.  The registrar's suggestion is not in accordance with law, but if it serves your purpose and also if you will not anticipate any problem with your ex- husband  you can follow that procedure but that is not a full proof method.

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

Advocates Mr. Mahesh and Mr. Chandrasekar have convincingly gave the detailed procedure to be followed for adoption of a child. Ms. Meera should note one thing that the husband divorced the wife alone but did not renounce the child.  He is the real and biological father of the child and the law requires the biological father's permission also to give the child in adoption to a third party.  Even though the registered adoption deed signed by both husband and wife who give their child in adoption and the signature of the person taking adoption of the child  duly signed by witnesses is valid, still if it is declared/probated by a court of law,   it attains full legal validity.

1 Like

Meera (Director)     11 October 2013

Thank you so much to Mr Mahesh, Mr Chandrasekhar and Mr Kalaiselvan. I will follow the procedure mentioned by you'll. Again a heart thanks to everyone.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register