Adoption by divorcee
R.Manivasagan
(Querist) 17 June 2015
This query is : Resolved
The Wife got divorce from her Husband and is living with her 1 year old child separately.
Whether that Divorcee women can give adoption of her child ?
Whether the consent of the Husband is necessary/mandatory?
If it is so, what are the legal formalities to be followed to get consent from the Husband?
please seniors...
Devajyoti Barman
(Expert) 17 June 2015
Without consent of her husband she can not do so.
Dr J C Vashista
(Expert) 17 June 2015
Since the woman is divorcee and got right of custody of the child, there is no need of the consent of her ex-husband for giving the child in adoption.
Rajendra K Goyal
(Expert) 17 June 2015
The consent of husband for giving the child on adoption by divorced wife is necessary. Agree with the expert Devajyoti Barman.
malipeddi jaggarao
(Expert) 17 June 2015
Divorce means the relationship husband and wife is legally broken. But it will not affect the relationship of the child either with the mother or the father. Hence the consent of the father is necessary. It is difficult to get the consent from the broken spouse. However, if it is for the welfare of the child, elders may interfere and counsel him for giving consent.
J K Agrawal
(Expert) 17 June 2015
Consent of husband is must.
Why do the wife want to give up child in adoption when she can not maintain him? Why did she claimed him from her ex husband? Why does not she leave the son with the ex husband?
The reason, as I assume, is that she want to give the child in adoption to her new husband. She want to give him also a name of new father.
Because the child is living with his step father with a different parental address where as his other brother/sisters will have some other name. The second problem is that the son is living with his new father. Being well wished by him and brought by him. He is loyal for whole life towards the step father but having no right over a single penny over the property of his step father.
No doubt He can take share in property of his natural father but only with a tough struggle and it is almost impracticable. It is written in law books but I know it will not happen.
Suppose the new father is not in friendly terms. What will happen to step son?
(in most of the cases, the natural father is never in friendly terms with sons but still they live together due to rules of society and due to property in hands of father)
The total result is that such child is deprived from property of both side.
To create rights in property of new father a newly remarried woman will naturally demand that his son from ex husband should be having some legal rights in his new house.
This is fare and justifiable also.
The law is silent on such a condition and it is highly recommended to raise the question before legislature of India.
Advocate Bhartesh goyal
(Expert) 17 June 2015
Consent of father is must and in absence of such consent adoption would be invalid.
Biswanath Roy
(Expert) 21 June 2015
I could register a deed of adoption taking signature of the baby's mother only in the year 1997 and the Sub-Registrar of The Registrar of Assurances at Calcutta after scrutiny and interrogating the mother of the baby was being satisfied made it legally valid by putting his seal and signature.
R.Manivasagan
(Querist) 22 June 2015
Thank u seniors. both the wife and the husband got thier new life. as told by senior Mr. J K Agrawal sir, both of them dont want to complicate thier new life.
Dr J C Vashista
(Expert) 22 June 2015
I have successfully got the adoption deed registered with SR South-West Delhi in the year 2009 of a male child adopted by father of a natural divorce mother, without any legal or otherwise problem and consent of biological father of the minor.
T. Kalaiselvan, Advocate
(Expert) 27 June 2015
Legally it is a requirement to get the consent of the biological father.
When a biological parent consents to an adoption, he or she agrees to relinquish the child to another family. The parent releases all their parental rights and responsibilities. States generally require that consent to adoption be in writing and either witnessed and notarized or executed before a judge or other qualified official. The biological mother and father (provided he has established paternity) hold the primary right of consent with respect to adoption in all states.
A trial court has said that a mother cannot independently give her child up for adoption without the father’s consent as such an adoption is “nullity” in the eyes of law.
The court also said as per the provisions under the Hindu Adoption and Maintenance Act, if the father is alive, he alone has the right to give the child for adoption. [Mother alone can’t give child for adoption].
If somebody stage managed the adoption of child without getting the consent of the biological father, it may be gotten by his/her skill or influence which cannot be quoted as valid law for the purpose.
R.Manivasagan
(Querist) 03 August 2015
Thank you seniors. After a Compromise between the parent, we got consent and a Adoption Ceremony was conducted and they executed a Deed and the issue was finalized. Thank u seniors.
