Adoption procedure
Querist :
Anonymous
(Querist) 13 October 2020
This query is : Resolved
I want at adopt my brother's child and he and his wife is ready to co-operate.
Kindly light me up with the procedures to be followed in India to adopt child within family only.
The following are queries:-
1. Whether execution of Adoption deed is enough ? it is mandatory to register ? where to register ?
2. Whether I have to filed Petition in court ? If yes under which section ? how much time it consume ? what will be the procedure in court ?
Note - I am from Mumbai
Dr J C Vashista
(Expert) 13 October 2020
Mr./ Ms. Anonymous,
You have posted this question as if you are a foreigner and not an Indian.
Q 1 Yes, registration of adoption deed is compulsory after completing certain rituals before the Sub-Registrar.
Q 2 No. there is no need to file a case in court of law.
It would be appropriate to contact, consult and engage a local prudent lawyer for analysing facts/ documents, professional guidance and necessary proceeding.
Advocate Bhartesh goyal
(Expert) 13 October 2020
Yes,A deed of adoption is to be executed between natural parents and adoptive parents and it is mandatory to register this deed of adoption in sub registrar office. Give and take child in adoption ceremony ia also to be performed.No requirement to file petition/case in court
Rajendra K Goyal
(Expert) 13 October 2020
You said:
1. Whether execution of Adoption deed is enough ? it is mandatory to register ? where to register ?
Reply:
Adoption deed need to be registered. Register it at place from where adoption performed. May perform adoption ceremony duly photographed.
You said:
2. Whether I have to filed Petition in court ? If yes under which section ? how much time it consume ?
Reply:
No petition required.
P. Venu
(Expert) 13 October 2020
Any suggestions depends upon the personal law applicable. If a Hindu Provisions of Section 6 of the Hindu Adoption and Maintenance Act.1956 prescribes the following requisites for a valid adoption:
6. Requisites of a valid adoption
No adoption shall be valid unless-
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
The said Act nowhere mandates the execution of adoption deed. The provisions of Section 16 are in a different context; it is only an incidental provision:
16. Presumption as to registered documents relating to adoption
Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.
kavksatyanarayana
(Expert) 13 October 2020
You have not mentioned the age of the child to be adopted by you. If the child is below 15 years, you can adopt the child. If you are Hindu, yourself, your wife (adoptive parents), and your brother and his wife shall present for adoption both for registration of the Adoption deed and as per Hindu rites & customs. If the child is studying you have to change the parent's name in the certificates and if you wish to change the child's name, the child's name also.
Sudhir Kumar, Advocate
(Expert) 18 October 2020
