Child adoption

IF your partner is not seperated legally then it is little problem, what is the reason he gone away and live lonely.  For adoption you need to give your solvency and capacity to maintain the child for food and education. You have to get adoption by court is must.

From where you going to get the child for adoption. If it is child and then need to get permssion form the either paretns and from the local medical authority certificate too.

Hi Shilpa,

1. if you are seprated from ur husband without divorce then u need to have his consent for adoption.

2.if you want to adopt a male child then he should b atleast 21yrs younger to u.

3.you dont need to have your partner's signatures.

4.you dont need any doc. in particular. it will b enuf if u can show dat u r capble enuf 2 raise d kid.

5.under sec. 16 of the hindu adoption & maintenance act 1956. an adoption can b made thru registered deed. the doc shall b signed by both the giver and taker of the child.

Regards, 

Adv. Rahul Kumar

Dear Rahul,

Kindly read the points you quoted:

1. if you are seprated from ur husband without divorce then u need to have his consent for adoption.

3. you dont need to have your partner's signatures.

Don't you think they are contradictory? Where Shilpa is not residing with her husband, you presume her husband would readily accept and give consent for adoption. The act of him consenting don't you think will put him to a legal entangle of maintaining the child? When Shilpas husband right now is not cohabiting with her, how and under what circumstance would he agree to given consent for adoption?

Dear Yougesh,

wat i suggested 2 miss shilpa is only one aspect. if u 2 put d other way round.its jst a crux of my advice. still  need to put some questions across her 2 give her actual advcie...wat i suggested wz only on my assumption dat she might b divorced

Dear Yougesh,

wat i suggested 2 miss shilpa is only one aspect. if u 2 put d other way round.its jst a crux of my advice. still  need to put some questions across her 2 give her actual advcie...wat i suggested wz only on my assumption dat she might b divorced

Dear rahul,

I do appreciate your view. I only pointed out the contradictions.

Hi,

Thanks for your views.

I just want to confirm that Im not yet divorced but living separated for more than 2 yrs.

Im confused with the contradictory views above.

pls confirm now if I can proceed without my partner's consent

Im not adopting a boy child. Im only going to adopt a GIRL Child

Pls revert

Thanks,

Shilpa

hi,

1.since u r seprated from ur huband without divorce.u need his cosent fr vaild adoption coz he is still ur legally wedded husband.

2.yes u can proceed

what ever it is ,  either without seperation certificate or with your spouse permission you cant get it  and the court also not allow it , because the forecome adopted child should not get any probalm from this adoptation. The court will look all aspects,

Are you doing any business and what is your regular income.

Normaly i am not insists any one to get seperation from their spouse , but hope you already decided for it by mind. so do it and get seperation certificate and then think about the adoptation

what ever it is ,  either without seperation certificate or with your spouse permission you cant get it  and the court also not allow it , because the forecome adopted child should not get any probalm from this adoptation. The court will look all aspects,

Are you doing any business and what is your regular income.

Normaly i am not insists any one to get seperation from their spouse , but hope you already decided for it by mind. so do it and get seperation certificate and then think about the adoptation

Hello Shilpa,

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.

COMMENTS

After the completion of the age of eighteen, a woman gets the capacity to adopt even though. she herself is unmarried. Where after the adoption, she is married, her husband would be step-father and she herself would remain adoptive mother as earlier. Adoption by an unmarried can also take place despite the fact that she is having an illegitimate child. - Ashoka Naidu v. Raymond AIR 1976 Cal 272.

A married woman has got no right to take in adoption during the subsistence of the marriage. But where the husband has completely and finally renounced the world or he had ceased to be Hindu or some competent court has declared him to be of unsound mind, the wife can adopt.- Dashrath V. Pandu 1977 Mah LJ 358