Adoption
ADV-JEEVAN PATIL, MUMBAI
(Querist) 21 May 2017
This query is : Resolved
A son born out of hindu live n relationsip. A man left abroad no contact for 2 years. Lady married to muslim subsequently. She is 29 working, wants to give boy in adoption to sister who is married can take care.Query:
1. Can she give child in adoption who is ready to accept without consent of biological father.
2. Child is to be put in school, she wants to give her muslim husband's name as father in school.how can she do it.
3. What type of adoption deed has to be executed with or without court formalities.
4. What best that can be suggested in the interest of child care
5.Muslim law not permit adoption, Thanks pl. - Patil jeevansci79@gmail.com
Sudhir Kumar, Advocate
(Expert) 22 May 2017
she has to decide whether the child is to be given in adoption to her sister. In that case her sister and sister's husband are the parents who will admit him in school in thei name.
Muslim law doe snot allow adoption. But step son is recognized in that law. He will no more stepson of her new husband once adopted by another person.
Guest
(Expert) 22 May 2017
Well advised by Mr.Sudhir Kumar
Guest
(Expert) 22 May 2017
Agreed with Expert
Guest
(Expert) 22 May 2017
Nothing to Add more
R.K Nanda
(Expert) 22 May 2017
nothing to add more.
Rajendra K Goyal
(Expert) 22 May 2017
Being a senior expert at LCI, who has replied a no. of queries, what are your opinion.
Guest
(Expert) 22 May 2017
Agree with Senior Mr.RK Goyal
Guest
(Expert) 22 May 2017
Well advised by Senior Expert Mr.RK Goyal
Adv Shailendra Deshpande
(Expert) 27 May 2017
Answer to Point 1: - She is allowed to give her boy in adoption without consent of her boyfriend, since even though he is biological father; their relationship was not subsisted as marriage hence not legal.
Section 11 in The Hindu Adoptions and Maintenance Act, 1956 will be applicable to such adoption.
Answer to Point 2: - She can add her muslim husband's name before adoption if consented by him. After adoption, the surname will be taken of adoptive family.
Answer to Point 3: - It is better to finish adoption formalities with consent of court to avoid any future issues.
Answer to Point 4: - It is better to take opinion of child if he is that age of maturity & understanding, otherwise apply the principle of "mother knows best".
Point no of 5 is already explained by expert - Mr. Sudhir.
Hope it serves the purpose.
Guest
(Expert) 27 May 2017
Well Advised by Expert Mr.Shailendra M.DeshPande
