Adoption
SRI SURESH
(Querist) 25 December 2015
This query is : Resolved
Dear Sir/Madam, My name Suresh I have 2 son's. I adapted my 2nd son to my mother second brother. He has no children. However recently adoption deed was done but in the adoption deed mentioned my mother second brother and wife as guardian to my 2nd son. Is it really adoption deed or any litigation. In future any problem with my son. I asked to lawyer he said your son is not a major so I put a word as guardian . Kindly please advise and if it's any litigation how to resolve.
SAINATH DEVALLA
(Expert) 25 December 2015
THE DEED SHOULD MENTION THEM AS ADOPTED FATHER AND MOTHER BUT NOT GAURDIANS.THAT COULD GIVE RAISE TO LEGAL PROBLEMS IN FUTURE IN PROPERTY AND OTHER MATTERS.IN ALL THE RELATIVE DOCUMENTS IT WILL BE SIGNED AS ADOPTIVE FATHER AND NATURAL FATHER,NO WHERE THE WORD GAURDIAN WILL BE MENTIONED.THIS IS THE FORMAT OF ADOPTION DEED:
Adoption Deed
THIS DEED of adoption made on this _______________ day of ______________ between Sh._________ ,s/o ____________________,r/o ________________ (hereinafter called "the adoptive father") of one part
AND
Sh. __________________s/o______________________r/o ___________________, (hereinafter called "the natural father") of the other part.
WHEREAS
1. The adoptive father has no issue, male or female, and having regard to his circumstances, he has no expectation of having any issue.
2. The adoptive father and his wife want to adopt a child as their son/daughter.
3. The natural father has three children, all sons.
4. The adoptive father, with the consent of his wife, has approached the natural father for giving in adoption one of his sons named _______(name of the child).
5. The natural father has, with the consent of his wife, consented to his said son being given in adoption.
6. The ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties on the day of ____________.
7. The parties considered it expedient and necessary that a proper deed of adoption be executed as an authentic record of adoption.
NOW THIS DEED WITNESSESETH AS FOLLOWS:
1. Declaration of Adoption
The parties hereto do hereby declare that the adoptive father has duly adopted the said child as his son from the day of _________ i.e. the day on which ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties.
2. Legal rights and liabilities of adopted son
The said son has been transferred to the family of adoptive father and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son.
3. Maintenance, etc. of adopted son
The adoptive father shall be liable for the maintenance, education and other expenses of the adopted son and shall bear all such expenses in accordance with his status.
IN WITNESS WHEREOF, the parties hereunto have signed this deed this ______________day of _________.
WITNESS:1. _________________
THE ADOPTIVE FATHER
2. ____________________
THE NATURAL FATHER
malipeddi jaggarao
(Expert) 25 December 2015
What are the contents of adoption deed? If the couple's names are mentioned as guardians, it cannot be called as adoption deed. According to me, they are trying to safe guard their own interest for future in case if they beget biological child. Unless you post the contents of the deed, any advice is of no use. However, expert Sri Sainath has given the model deed and the contents should be almost similar to this one.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 25 December 2015
Adoption deed is mostly for minor child for adopting mother n father. Hence guardians is inappropriate if put erroneasly.
2) Get it changed by rectification or amendment applying to court to avoid future prop.dispute
3) Lawyers r also human beings r likely to make mistakes in putting words indrafting n hence take it in right perspective.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 25 December 2015
Adoption deed is mostly for minor child for adopting mother n father. Hence guardians is inappropriate if put erroneasly.
2) Get it changed by rectification or amendment applying to court to avoid future prop.dispute
3) Lawyers r also human beings r likely to make mistakes in putting words indrafting n hence take it in right perspective.
SRI SURESH
(Querist) 25 December 2015
Thank you very much for your valuable feedback to me. What's the procedure of rectification of those mistakes.
Devajyoti Barman
(Expert) 25 December 2015
Make a deed of rectification one and register the same making all the parties sign in the deed like in the last time.
Meet a local lawyer, he will do the same.
alexander
(Expert) 25 December 2015
ADoption is a very much a serious affair having life long implications.
Pl confirm that your son is below 15 (FIFTEEN) YEARS OF AGE.
Adoption ceremony has been correctly done preferably before a magistrate. There should be witnesses and good publicity within the close family circles.
The child becomes an adoptive child of his adoptive parents. His links with the original parents/ family are lrgally cut off. He has all the rights including right to the property ( as per Hindu law) of his adoptive parents as if he were their normal biological son
Being adoptive parents they become uno flattu the adopted child's( adopted)guardians as well. Pl have the matter put right.
The deed done by your lawyer is not an adoption deed and is bound create complications and heart burn not to mention the impact on the child
You may also read the HINDU ADOPTION AND MAINTENACE ACT 1956 - available on the internet.
Rajendra K Goyal
(Expert) 25 December 2015
Consult some senior lawyer, show the document and discuss in detail.
Dr J C Vashista
(Expert) 26 December 2015
I agree with experts especially Mr. Rajendra K Goyal, show the adoption deed to a senior local lawyer to safeguard interest of the minor.
alexander
(Expert) 26 December 2015
" your son is not a major so I put a word as guardian..." betrays total ignorance about adoption procedure on the part of the person who tackled your case.
A person ( hindu) above 15 years age is ineligible for adoption so that person shall always be a minor when he /she is adopted
Expert SAINATH DEVALLA ( above) has succintly put down a template for you to follow. If you , or your lawyer follows it ,you wont go wrong. No matter whom you consult pl ensure that the conditions set in the above template are strictly followed
K.S.Srinivas
(Expert) 30 December 2015
The experts explained in detail. There is no scope to add anything to me.
SRI SURESH
(Querist) 31 December 2015
Hi, once I get documents will send it to you
SRI SURESH
(Querist) 31 December 2015
Hi, once I get documents will send it to you and my baby boy have only 9 monts old.
SRI SURESH
(Querist) 31 December 2015
If you don't mind can you please provide Telugu formate for adoption deed and guardian deed. My child having 9 months which deed is preferably.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
For all such services you can engage the services of an advocate privately. The experts have explained the subject issue properly leaving no room to add anymore thing to this.
