Complicated adoption scenario

Hello Mr Complicated...

For adoption find the details below.

1. Age of the kids?

2. Willingness of both the parents to give and take adoption Eg.... if the wife is willing to take the adoption of the child belonging to her husband.. then the biological mother has to give a no objection for adoption and vice versa...

3. This has to be done in through court... the adoption can only and only happen thru court decreee.... in this case any kind of documentation done between parties can any time be challenged in the court.

Hope this answers your question and gets some clarity... 

X can be given in adoption as per the personal law of Hindus by Mr. C with the consent of Mrs. D.    Daughter Z can be given as per the personal law of christians by Mr. A with the consent of Mrs. B. 

Thank you for your replies.

1. Both the kids are minors

2. Both the parents are willing to do this.

3. Can you tell me the exact procedure please ? How to go about it ? 

Also, my lawyer told me that it wont be possible for Mrs. D to adopt Z as she is a christian and according to HAMA, a hindu can adopt only a hindu child. 

Is the consent of the biological parent absolutely necessary ? specially when they're divorced.

Please help me out. Thank you for your kind replies.

Natural parents consent is mandatory in adoption, even though the natural parents are divorced.  I suggest that instead of going to religious rituals, which are not mandatory for a valid adotion, I suggest you to execute an adoption deed (which you can download from googling) and after execution in the presence of competent witnesses, properly register it in Registrar's office. In this also, you face a trticky situation that in respect of Z, A signs as natural father as well as adopting father and whereas in the case of X, Mrs. D will sign as natural mother as well as adopting mother.  But you cannot circumvent such situation.

Thank you so much for your reply.

So does that mean that a simple registration of the deed will do or as said by Simi Salooja, a court order will be required.

Also, my question is very specific. Can Mrs. D, being a hindu, adopt Z who is a christian. It is clearly barred under HAMA. So what to do ?

If Z does not have any objection and has to be converted to Hindu, it is a matter of a few minutes and a few bucks.  In Arya Samaj Mandir, people are converted after payment of prescribed fee and a certificate also can be obtained about conversion.

I also advise you to go through rules formulated by the Govt. for adoption centres, where foreigners are coming to adopt parentless Indian children, whose religious identities are unknown.

As suggested you can also make an adoption deed...

here to, consent of both biological parents is necessary... 

difference between court decree and adoption deed made between parties... is that, court decree cannot be later contested... whereas an adoption deed will be more like an MOU made between parties, this can be challenged while distribution of property...

A court decree more of a valid document wherein you make it clear that the adopted child will be your one of the successors... in case anything happens to you... 

in case you from bombay, let mi know.. i can get the documentation ready for you. otherwise also i can send you the draft and you can execute it in your city...

regards

simi..

Thank you for your kind reply.

But can Mrs. D adopt Z, as she is a hindu and the child is not. This is clearly prohibited by HAMA. So even if an adoption deed is made, it will be invalid ?

Assuming, that because it is illegal and an adoption deed can not be made, can I go to a court for a declaration with the same facts ? 

I think Adv Simi Salooja has also given some valuable information besides volunteering to help you out of the situation, why dont you take her number and follow up the case with her.

ha ha ha I agreed with you

regards,

avadhesh