(Guest)

Adoption of a child

Hello Experts,

I have a query related to adoption of a child. Pls go through a brief intro below & reply me accordingly.

A person gets divorce from his 1st wife and then does re-marriage. Now his new wife(she is also a divorcee) is having a female kid from her earlier marriage and the male person i.e husband adopts this female kid after 9 months of marriage via filing an Affidavit which is signed/authorised by Executive magistrate and attested by Notary.

My first question is:- Does this Affidavit holds any value ? i.e the person does not have filed any other legal document or decree for adoption.

2nd question is :- If this holds any value, then what are the legal rights which this child holds in lieu of her adopted father ?

3rd question:- If this does not hold any value, then is there any need to file a new affidavit for cancellation of adoption ?

4th question:- Or is there any other legal procedure to be followed for cancellation of this affidavit of child adoption ?

5th question:- Also, wife may have shown his new husbands name as fathers name in kid's school admission form. Does this hold any value ?

Pls answer my queries ASAP.

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4 Replies

Tajobsindia (Senior Partner ) 22 August 2012

1. If such adoption is in customs and in usage with parties then adoption deed is valid provided it is registered between parties.
2. If not customary and in usage of customs of parties then via Court adoption done is legal way for all practical purposes.
3. The adopted child has equal rights as natural born child for all future legal purposes in either above modes of adoption of a minor child.
4. The court adoption procedure if done gives legal meaning to surname change as well as public documents change of surname as various public authorities ask for Court orders.
5. Court adoption procedure is non - cumbersome and only needs valid past certified documents of respective parties marital status along with birth certificate and presence (services) of a junior Lawyer in Jurisdiction Court alogn with Petition and with very bare minimum hearing one gets a Decree (Order). Keep one two many spare certified copies of such Decree for all future purposes.

(Guest)

Hi,

1. First of all it is not an adoption deed, its an Affidavit. Pls correct me if i am wrong. Adoption deed and affidavit is one and the same thing ?

2. How can this affidavit of adoption be cancelled ?

(Guest)

Can anyone reply to my queries mentioned above ?

Sudhir Kumar, Advocate (Advocate) 03 June 2013

whether it is adoption deed or you call it affidavit. It is valid as long as the descption of parties is clear and the consent of adottion and accepted is recorded.

adoption can never be cancelled. adopted child cannot be further adopted.