Adoption

Dilip (Querist) 17 April 2020 This query is : Resolved
Whether Deed of Adoption is mandatory under Hindu Adoption and Maintenance Act 1956 when Adoption is completed by Court Order?

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Raj Kumar Makkad (Expert) 17 April 2020
Once adoption is completed by competent Court then there is no need for the registration of Adoption deed.

Dr J C Vashista (Expert) 18 April 2020
Order passed by competent court is substitute of Deed of Adoption, which should have been compulsorily registered (Section 17 of Registration Act,1908)

KISHAN DUTT KALASKAR (Expert) 18 April 2020
Dear Sir,
I agree with the opinions of Expert Mr.Raj Kumar Makkad and Expert Mr. Dr J C Vashista

Rajendra K Goyal (Expert) 18 April 2020
Though the Registered deed of Adoption is not mandatory, but there is no harm in such deed even after Court orders. Following may be relevant:

Page 64 OF CARA Book
Orders of Some Courts for Registration of Adoption Deeds Despite Adoption Orders Issued Under JJ Act

___ Order dated 21.12.2016 [para 38(1)] of Ld. District Judge, Raigarh (Chhattisgarh) in Misc. Civil Case No.75/2016, directing the adoptive parents to execute Adoption Deed, despite the said Order being passed under JJ Act, 2015.

____ Judgement dated 14.08.2013 of Hon’ble High Court of Bombay (Division Bench) in Writ Petition No.1617/2013, vide which it has been observed that it is the act of adoption and not an Adoption Deed which confers the status of an adopted son. A perfectly valid adoption can be made without an Adoption Deed (para 9) and the issuance of passport for the child could be made in accordance of law, without insisting upon production of registered Adoption
Deed (para 13).

Rajendra K Goyal (Expert) 18 April 2020
In a few cases the some Government Authority has asked for Registered Adoption Deed. Bombay High Court has following observation in case when passport Authorities asked for Registered Adoption Deed::

Bombay High Court in the case Mihir Ramesh Vora vs Union Of India on 14 August, 2013 has ruled:
14] In the peculiar facts and circumstances of the present case therefore, we direct the respondent no. 2 to consider the petitioner's application dated 25.09.2012 for issuance of passport in accordance with law, without insisting upon production of registered adoption deed. We make it clear however, that the respondent No.2 is at liberty to take into consideration any other issues relating to the identity, police verification and fulfillment of other requirements as may be prescribed by the Passports Act, 1967 or the rules made thereunder.

P. Venu (Expert) 18 April 2020
Why many a query? What is the real issue?

Raj Kumar Makkad (Expert) 18 April 2020
Though the clear words used in Section 16 of the Act emphatically require that in the event of production of a registered document of adoption, the party challenging the document has to disprove that the adoption has not been made in compliance with the provisions of this Act. The said mandatory clause imposes heave onus on the party challenging the registered adoption deed to disprove the claim of adoption.BUT what is the relevance of the registration here unless you post the complete facts?

Rajendra K Goyal (Expert) 19 April 2020
Please mention clear and material facts of the problem faced?

whether the adoption is challenged, how and on what grounds?

When the adoption was effected?

It is always better to have registered adoption deed.

Sudhir Kumar, Advocate (Expert) 20 April 2020
https://www.lawyersclubindia.com/experts/Adoption-718261.asp

https://www.lawyersclubindia.com/experts/Adoption-718266.asp

https://www.lawyersclubindia.com/experts/Adoption-718251.asp

https://www.lawyersclubindia.com/experts/Adoption-718256.asp

what is the fun in spread one simple query on so many threads without giving complete (even matrial facts on even a single thread.

Beware. Prima-facie no adoption is valid unless :--

1. Registered
2. Consent to natural parents (court permission in case of orphan)
3. Child to be hindu
4. Natural parents to be hindu
5. Adoptive parents to be hind
6. Child not already adopted
7. Child below15 yeas
8. Child not married

If really having a problem and wanting to have considered views of experts, give all facts in one thread.

Rajendra K Goyal (Expert) 21 April 2020
Adoption Regulations, 2017.

12. Legal procedure

(9) Registration of an adoption deed shall not be mandatory as per the Act.

Raj Kumar Makkad (Expert) 21 April 2020
12. Legal procedure.- (1) The Specialised Adoption Agency shall file an application in the court concerned, having
jurisdiction over the place where the Specialised Adoption Agency is located, with relevant documents in
original as specified in Schedule IX within ten working days from the date of matching of the child with the
prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection
Certificate from the Authority, for obtaining the adoption order from court.
(2) The Specialised Adoption Agency shall file an application in the given format as per Schedule XXVIII or
XXIX, as applicable.
(3) In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in
another district, the Specialised Adoption Agency shall file the application in the court concerned, in the district
where the child or the Specialised Adoption Agency is located and in such a case, the Child Care Institution will
be a co-petitioner along with the Specialised Adoption Agency and the Child Care Institution shall render
necessary assistance to the Specialised Adoption Agency concerned.
(4) In case of siblings or twins, the Specialised Adoption Agency shall file single application in the court.
(5) Since an adoption case is non-adversarial in nature, the Specialised Adoption Agency shall not make any
opposite party or respondent in the adoption application.
(6) The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months
from the date of filing of the adoption application by the Specialised Adoption Agency, as provided under subsection (2) of section 61 of the Act.
(7) The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the
name of the child, considering the fact that their psycho-social profile and financial status have already been
ascertained from the Home Study Report and other supporting documents.
(8) The Specialised Adoption Agency shall obtain a certified copy of the adoption order from the court and shall
forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and
update the relevant entries in the Child Adoption Resource Information and Guidance System.
(9) Registration of an adoption deed shall not be mandatory as per the Act.
(10) The Specialised Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth
certificate of the child within three working days from the date of issuance of adoption order, with the name of
adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by
the issuing authority within five working days from the date of receipt of the application.
(11) The Specialised Adoption Agency shall submit an affidavit to the court while filing a petition as provided in
Schedule XXIII.

Raj Kumar Makkad (Expert) 21 April 2020
The registration is no mandatory only n case the adoption is through an agency. As the agency itself stands registered hence it has not been made compulsion to separately register the adoption but the query of the author is not related with the adoption agency hence the reply of expert Rajender Kumar Goyal is not applicable in the present matter.

Rajendra K Goyal (Expert) 22 April 2020
As mentioned above it is repeated, Deed of adoption is not mandatory for registration u/s 12 (9) Adoption Regulation 2017.