Adoption of infant child
Vikram Chandra
(Querist) 30 August 2008
This query is : Resolved
Respected Sirs,
Following are concerns on adoption case. Kindly help me out to sort out the same;
Adopting parents
Father 31 years
Mother 26 years
Residents of USA but nativity from India.
Relationship with the Biological parents "Brother-in-Law"
Biological parents
Father 28 years
Mother 26 years
Residents of India
Details of the child
Age 20 days
Birth place India
1. What is better an adoption deed or an adoption by court of law as the adopted child must be also legally recognized as per US laws without any hurdles, even from the day one of adoption as the child is to be taken to US and the necessary details for obtaining Visa & Passport should be looked into.
2. If the proceedings of adoption is with regard to execution of adoption deed, is it mandatory that the adopting parents must be present before the registrar or any power of attorney document is enough.
3. What about Passport process and will the adopted parents be listed in the baby’s passport & Birth certificate.
4. How can the adopted Baby Travel to US as the current status of adopting parents is L1 Visa and they may get the Green card by mid of 2009.
5. Both Adopting and Biological parents are in agreement to complete the adoption process.
6. Post adoption issue as stated supra, that the adopting parents want to get the baby along with them to USA by this year ending.
Sirs, Appreciate your help in this regard and please let me know the process.
Thanks in advance.
Jithendra.H.J
(Expert) 01 September 2008
you have not stated what is the religion of the parties to the adoption.
in India adoption recgnised only amongst Hindus, Jains,budhists sikhs, not among Christian and muslims.
1) if the parties are Hindus, the parties satisfy all the conditions for adoption
(so No worry)
2) Stamp duty payable as per Article 3, Scheduel-1 of stamp Act
3) Deed of adoption need not be registered, but for the presumption of validity, it is better to be registerd.
4) Dattaka Homan not essetnial
Vikram Chandra
(Querist) 04 September 2008
Dear Jithendra Sir,
Thanx for your advise and the parties are hindus. Further, is the adoption deed valid in US as the child is to be taken to US and what are the conditions and other necessary details for obtaining Visa & is it mandatory to know the US law for adopting an Indian child as the child is going to be taken to US immediately after adoption process.
If the parites want the adoption deed to be registered one, can the adopting partents who are in US can give any special power of attorney for execution of the adoption deed in India on their behalf.
Adv.Shine Thomas
(Expert) 11 September 2008
Power of Attorny is not enough for the exicution of adoption.
