meethi viswanathan (housewife) 29 March 2013

Queries on hama

Hi,

I have some queries on the legality of HAMA law. We are planning to adopt my cousins child under HAMA rule. After adoption, I would be taking my child to US to join my husband. So we need to apply for visa for our child.

My questions are

1. As per US immigration law, an adoption is valid only if:

1.1. Adoption must terminate the legal parent-child relationship between the child and any prior parents

AND

1.2 Adoption must create a permanent legal parent-child relationship between the child and adopter.

Can someone please tell me if both these requirements will be met/fulfilled by HAMA law of adoption.

2. US immigration law also requires us ( adoptive parents ) to be granted legal custody of the child by a court or recognized government entity. An informal document like sworn affidavit is not sufficient. See below notes -

Legal custody is deemed official at the time the adopting parents are awarded custody of the child rather than on the date the adoption becomes final. If custody did not exist prior to adoption, a certified copy of the adoption decree constitutes proof of the custody requirement at least from the date on which it was issued.

My question - will the adoption deed have a section where in it mentions that the legal custody of the child is being given to adoptive parents. Will it be mentioned in the adoption deed document explicitly ?

3. As per HAMA rule, my husband would be petitioning for adoption. I will only be giving my consent but I am not a joint petitioner.

My question - will I be the adoptive mother legally even though I just gave my consent?

will I have the legal custody of my child once the adoption deed is registered?

answers to my questions will greatly help us plan our adoption. Thanks for the help.

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2 Replies

(Guest)

Under Section 12 of The Hindu Adoption and Maintenance Act, 1956 (HAMA) both requirements, i.e. 1.1 and 1.2, will be fullfilled.

Yes! Adoption Deed does have a section where it is explicitly mentioned that the legal custody of the child is being given to adoptive parents.

According to Section 7 of HAMA, Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption, BUT if he has a wife living, he shall not adopt except with the consent of his wife.

Thus, in the eyes of Law, the Adoptive Mother always have equal status to that of the Adoptive Father, i.e. her husband.

Both Adoptive Mother-Father have the legal custody of the Adopted Child.