Adoption of daughter
V R SHROFF
(Querist) 22 February 2013
This query is : Resolved
Widow gave her MINOR daughter(7 YEARS)in Adoption to a man , who have no daughter.
After a year of Adoption, the Man died.
There are no documents prepared for Adoption. dAUGHTER RESIDED WITH mAN'S FAMILY
What is remedy for proving, she was adopted daughter of a deceased man. ??
All family members of the man knows daughter resided as his daughter , and no one objects it. However, father's name was not changed.
CAN A MINOR DAUGHTER'S FATHER'S NAME CHANGE ALLOWED ??
prabhakar singh
(Expert) 22 February 2013
Q.CAN A MINOR DAUGHTER'S FATHER'S NAME CHANGE ALLOWED ??
Once a valid adoption has taken place no one can go back,be it one who gave or may be it who taken in or may be it who was adopted as laid in the Act.
Then proving the fact of adoption ,the one gave in adoption can seek parentage changed.
This right vests in minor child adopted,and she can also seek mutation in her name by next friend,if she does not have natural guardian.
ALL THAT WOULD BE NEEDED TO BE PROVED THAT THERE WAS ACTUAL GIVING AND TAKING OF THE CHILD FROM THE BIRTH FAMILY TO THE ADOPTER FAMILY.
But answer is conditional as if this adoption was made in U.P. after 1977 where an adoption can not take place unless a bilaterally signed adoption deed is registered between parties,no case of adoption could be taken up.
Raj Kumar Makkad
(Expert) 22 February 2013
Except in UP and in some other State, there is no need of a written adoption deed rather this can be ritual without any formal writing. So, a civil suit for declaration is required to be filed in the given facts seeking declaration of such child as the adopted daughter of her deceased adoptive father. This suit can even be filed by her natural mother. Once declaration made, it shall be a valid documents for ever.
prabhakar singh
(Expert) 22 February 2013
Mr. Makkad is right with one exception that under the Act NO RITUALS like Dattak homa etc. are required.
There should be only a "FACTUAL GIVING AND TAKING OF THE SUBJECT WITH INTENTION TO SEVER WITH CHILD FROM THE FAMILY BORN IN AND ACCEPTANCE OF THE CHILD IN FAMILY AS IF CHILD WAS REALLY BORN IN THE FAMILY".ONCE IT TAKES PLACE THERE IS NO REVERSAL.LET ANY BODY LIVE OR DIE is the legislative intention in the Act.
