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rama diwakar (se)     27 October 2014

Relative chaild adoption

Dear Sir / Madam,

I got married in 11th march 2004, but we don't have children so i asked my co brother he already having 3 babies  so i asked to give 2nd baby they accepted and given,  A child by name alekya, she was born in 28th  Dec 2009, Me and my wife had taken alekya i the month of sept 2010. but now we want to adopt her legally how can we get birth certificate  so kindly suggest  



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 October 2014

@ Author,

1. If any birth is not found Registered of their 2nd. child, 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 their home (as the facts are known to you an dnot to the forum here), fill the section "Place of Birth" with the address of the relatives from where you have adopted the child (donot put the name of the relatives but just their address), submit the Form along with a copy of adoption deed (from District Court Complex visiting any good typist you can get Adoption Deed made). 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 at the jurisdiction the child ordinarily resides.


5. 
Concerned 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 BC (birth certificate) in reference to facts of your query. [Chapter VI, Rule 82, sub-clause 2 and 4 is helpful reference for your facts].

 

8. If any confusion exists in following above steps then show them to any Junior Advocate and he for a nominal fee may help you ride through the simple yet complex process of BC (birth certificate in case of adopted child from nearest family members as the case here is in absence of original BC or in cases where name of natural parents needs to be changed to adoptive parents which is case in hand here)

[Last reply]

T. Kalaiselvan, Advocate (Advocate)     29 October 2014

If you are not satisfied with the proper and elaborate opinions by the expert Mr. TajobsIndia, you may contact a local lawyer and proceed further as per his advise.


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