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Velanganni C (Student)     31 July 2012

Adoption of mentally challenged child

Dear Legal Experts,


Kindly suggest on adoption of my cousin brother by my mom.  He is the son of my father's younger brother's son.  His brain growth was not normal at the time of his birth itself.  Since his parents were not taking care of him properly, my mother is taking care of him from the day one and even the expenses like medical expenses are also bared by my parents.  Now he is 10 years old.  Still his parents just come and visit him once in a while.  MY doubt is - Is it considered by default as he is the adopted son of my parents? or should my parents legally adopt him?  If my parents want to adopt him legally, what is the procedure?


Kindly advise.


Regards,


Velanganni. C



Learning

 1 Replies

sridhar pasumarthy (ADVOCATE)     31 July 2012

He is a fostered child but not adopted in the eye of law.

Giving and taking of child in adoption by natural parents to the adoptive parents with an intent of adoption is sufficient.

To avoid future complications, better to draft an adoption deed and get it registered.


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