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Vinod Arya (DMO)     07 June 2015

Query related to child adoption

A.  I am: 1. A Hindu by birth  2. Age 36 years, 3. Married  4. Wife's age 32 years  5. Having one Son of age 3 years 6 Permanent resident of Uttarakhand 7. A Public Servent

B. I and my wife want to legally adopt a girl chid (3 months old) from another Hindu family (Not in any relation to us) in uttarakhand .

C. The child adopted has to be later on enetered as a dependent child in the records of the Corporation I work with. The adoption, therefore, has to be legal in all respect.

D. Can I adopt under HAMA, 1956 ? If yes, does CARA guidelines has to do anything with the procudure for adoption under HAMA,1956.

E. In fact, when I went through material on child adoption in internet/through Google, I could not reconcile between CARA guidelines and HAMA, 1956 procudures for adoption. CARA no where talks about familiy to family (not in relation) adoption - it only talks about adoption of orphaned, abandoned, or surrendered children that too through authorised/registered Homes/Institutions, while, on the other hand, HAMA, 1956 does, probably allows, familiy to familiy adoption.

F My ultimate concern is - If I proceed with and succed in above mentioned adoption under HAMA, 1956, Lest it is declared not properly legal later on.

Please advise.

Vinod Arya



Learning

 1 Replies

yogesh (Advocate)     10 June 2015

As per my knowledge, after coming into force of adoption guidelines, all adoptions (related or non related) need to have approval of concerned authority. To be on the safer side, kindly contact CARA directly so as to avoid any trouble in future as children adopted without approval are even denied visa by foreign countries.

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