sumit (engg) 29 June 2014

Adopting a child whose father is alive

Hi,

This is Sumit.

I know one family in which one boy around 11 yr old lives with his abusing father. Father is an alcoholic. Boy is good in studies and smart too. I feel if he get some good parenting he can be a successful person in future, One of my friend who lives in America and she is american by citizenship is willing to adopt this boy. She was mother and lost her child of same age in car accident. She is financially sound and mentally stable too.

I like to know is it possible to adopt this boy by her? if not in which circumstances it would be possible?

thank you.

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6 Replies

Laxmi Kant Joshi (Advocate ) 29 June 2014

she can adopt that child but be clear one thing she shouldn't have no living male child till his adoption , she should be 21 years older than that boy , there should be consent of her husband for adoption of that boy , both parties should be hindu , consent of the boy's parents is must , legal adoption should be done by making adoption deed or should be the process of datak -home be done by both the parties by making the adoption deed .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 June 2014

Dear Querist

as per section 8 of Hindu Adoption and maintenance act

8. Capacity of a female Hindu to take in adoption

Any female Hindu-

(a) who is of sound mind,

(b) who is not a minor, and

(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.

Advocate Bhartesh goyal (advocate) 29 June 2014

Agree with Mr Laxmikant Joshi.

Mohini (housewife) 29 June 2014

Sir, i want to adopt one girl from my sister.( My sister is Divorecee) .Girl is now six years old. Some one told me make one agreement on stamp papers, some are saying there is legal way thru court, pls adivse me legal way so tomorrow is my sister going for remarriage this baby girl should not get any problem from any government offices as muncipal / voter car /passport. pls advise. Thanks

Mohini (housewife) 16 October 2014

Sir, i wants to know if any male widower married with divorecee girl. but within four months problems arised and she left. She sent notice for alimony and maintaince ( thru advocate ) at that time came to know that she is not having court decree but divorece on stamp paper signed on Rs. 500.00 stamp paper and signed in sub registrar office. and it is also written that she filed 498a and other cases on her previous husband. pls help me now what we should do? Threatning calls are continusly coming for dowry cases.Thanks.