Adoption
upasna
(Querist) 10 September 2011
This query is : Resolved
Can some one adopts her sister-in-law??
If a man is 23 years of age and wants to adopt his sister-in- law who has just born then what legal formalities are required???
Ganesh Chavan
(Expert) 10 September 2011
U/Sec.7.of the Hindu Adoption and maintenance Act- Capacity of a male Hindu to take in adoption- 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.
Provided that, if he has a wife living, he shall not adopt except with the consent
of his wife unless the wife 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 But U/Section 11(iii) if the adoption is by a male and the person to be adopted is a female, the
adoptive father is at least twenty-one years older than the person to be
adopted.
ajay sethi
(Expert) 10 September 2011
consider the practical aspect . you are only 23 years old . are you in a financial position to take care of the child ?
further if you are working who will look after the child when you are in office? i presume you are not married .
although as per law you can adopt as you are over 21 but the practical issues also have to be considered
Ganesh Chavan
(Expert) 10 September 2011
I agree with Mr.Sethi sir if you are not married then it is difficult to adopt a child.
upasna
(Querist) 10 September 2011
i m married ...thts why i m asking about adopting my sister-in law.
M/s. Y-not legal services
(Expert) 10 September 2011
dear upasna,
WHO CAN TAKE ADOPTION:
Any male Hindu who is sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
PROVIDED that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife 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.
Explanation: If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of the them is unnecessary for any of the reasons specified in the preceding proviso.
Ganesh Chavan
(Expert) 10 September 2011
U/Sec.8 of the Hindu Adoption and maintenance Act- 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 then as per law you can adopt Child but as per the law Section 11(ii) if the adoption is of a daughter the adoptive father or mother by whom the
adoption is made must not have a Hindu daughter or son's daughter (whether
by legitimate blood relationship or by adoption) living at the time of adoption.
M/s. Y-not legal services
(Expert) 10 September 2011
Persons who may be adopted:
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-
(i) he or she is Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
Ganesh Chavan
(Expert) 10 September 2011
The provision shown by Mr.tom.advocate Sir must be fulfill.
upasna
(Querist) 10 September 2011
are there any legal documents required to be filled???
Is there need of witnesses??
prabhakar singh
(Expert) 10 September 2011
Writing an adoption deed signed by person taking adoption and person giving the adoption on proper stamp paper [which would be a fixed duty]and getting it registered is the course to adopt lawfully.
Guest
(Expert) 10 September 2011
I agree with the views of experts
Arif Iqbal
(Expert) 11 September 2011
A duly registered adoption deed with signature of attesting witnesses is a must
