Child adoption
GANGAM.RAJENDER.
(Querist) 03 November 2013
This query is : Resolved
DEAR EXPERTS SIR,
WE HAVE TWO FEMALE CHILDERNS AS MY CO-BROTHER HAD NO CHILDRENS.SO HE WANTED TO ADOPT ONE OF MY CHILDREN.
Q1.WHAT IS THE PROCEDURE TO FOLLOW THE ADOPTION TO TAKE LAGALLY.
Q2.WETHER CAN WE TAKE ADOPTION BY COURT OR BY THE REGISTERED DOCUMENT.
GIVE ME THE SUGESSIONS TO ADOPTION A CHILD.
AND PROVIDE PROFORMA FOR ADOPTION.
THANK YOU SIR.
ABDUL RAZIQUE
(Expert) 04 November 2013
The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex.
An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents.
For adaptive child age limit is maximum 12 years old and , the age of the parent cannot exceed 55 years.
you can take adaption by court or by the register deed of adaption it is fully depend on you.
As per your demand a sample is provide here,
THIS DEED OF ADOPTION
DATED:-………………………………..
BETWEEN
1. ADOPTIVE FATHER/MOTHER
NAME: ……………………..
FATHER/HUSBAND NAME:………………………………..
Aged...........years,
RELIGION………………………….
CASTE:………………………………
RESIDING AT…………………………………….
2. NATURAL FATHER/ MOTHER/GUARDIAN
NAME: ……………………..
FATHER/HUSBAND NAME:………………………………..
Aged...........years,
RELIGION………………………….
CASTE:………………………………
RESIDING AT…………………………………….
WHEREAS :
The Adoptive Father has no son or son’s son or son’s son living and he is desirous of adopting a suitable boy to be his son and the son of his wife ……………………………. who is living. / The adoptive Father has no daughter or son’s daughter living./ The Adoptive Father is more than twenty-one years older than the said ………………….(ADOPTED CHILD NAME) / The Adoptive Mother is a widow having no son or son’s living./ The Adoptive Mother remained unmarried and has no intention to marry at all in view of her fairly advanced age.
The Natural Father has agreed to give his son …………………. now aged about........... years in adoption to the Adoptive Father./ The said Guardian having consented to the said proposal of the Adoptive Father & the Guardian declares that necessary application was made to the............ District Judge Court under the provisions of the Guardians and Wards Act, 1890 for necessary permission to give the said ……….. in adoption to the Adoptive Father and the required permission has been granted by the District Judge vide his Order................. dated.............. subject to the conditions that the adoptive parents should submit to the Court’s jurisdiction and furnish a periodical report pertaining to the maintenance and well being of the adopted daughter in the hands of the adoptive parents.
The Adoptive Father has the only wife ……………………... living who has given her consent to the said adoption. / Whereas the Adoptive Father is anxious to adopt a daughter expeditiously owing to his serious ill health so as to take care of him as his wife is dead./ The Adoptive Mother is desirous of taking a son in adoption owing to her indifferent health and advanced age, lest she may die and her property be wasted and her lineage be extinct once for all. The Adoptive Mother is desirous of taking a daughter in adoption to take care of her person and property at her old age (as she has no other kith or kin or lineal descendent of her husband).
The Natural mother of ……………. is dead and the Natural Father being married to …………………………. who is the step-mother of ……………… her consent to the adoption is not necessary./ The Natural Mother has agreed to give her ………………………. Now about.............years in adoption to the Adoptive Mother, (as she is unable to maintain her big family comprising ……… daughters and ………….. sons, all …………….minors…………….majors).
The Adoptive Father and his wife declare that they fulfill the requirement of the law of adoption as prevailing in this country as well as in ………………………,
that they have the requisite permission to adopt from the appropriate authorities in their country, that the adopted daughter/son will be able to immigrate to the Country of the adoptive parents, that she/he will be able to obtain the Nationality of the adoptive parents, and that he/she will be able to come to India occasionally whenever he/she desires.
The Guardian declares that he has duly scrutinized the proposal of the said Adoptive Father with regard to adoption and made necessary inquiry with the assistance of …………………. And found that the adoption would be beneficial to the child, financially, socially, morally and in every respect.
The Guardian further declares that he has also caused necessary investigations into the economic status and social conditions of the family of the adoptive parents and on the questions of health and psychological preparedness for adoption by the Adoptive parents as well as the child’s acceptance within the community of the adoptive parents, through the assistance of …………………… Guardian is satisfied that the adoption will be beneficial to the adopted daughter and will be in the interest of her/his welfare.
The said …………………………….(ADOPTED CHILD NAME) is still unmarried.
NOW THIS DEED WITNESSES that the said Natural Father has this day, after performing the necessary religious ceremonies before a gathering of friends and relatives of both the parties held at......... (place) at..........(time) given the said ……………. his son, to the Adoptive Father who has taken the said …………. in adoption and that the said ……………… shall have all the legal rights of and in the Hindu Coparcenary of the Adoptive Father from this day as if he (………….) were his (Adoptive Father) natural son.
IN WITNESS whereof the said ……………………. (the Adoptive Father), the said ……………………….. (the Natural Father) and the said Smt. ………….. (Wife of ………..) have hereunto signed these presents in the presence of all friends and relatives gathered, two of whom at the request of the parties have also hereunto signed as attesting witnesses, on this date first above written.
Witness . (Signature)
Dr J C Vashista
(Expert) 04 November 2013
Mr. Abdul Razique has correctly advised, but I donot subscirbe/encourage to be so explicit. It is an academic querry.
Please engage a local lawyer
ajay sethi
(Expert) 04 November 2013
registered Deed of adoption should suffice . we dont procvide formats . it would depend upon facts of each case . suitable modifications have to be made in Adoption deed
Advocate Bhartesh goyal
(Expert) 04 November 2013
You can adopt child through registered adoption deed.Engage a local lawyer who will guide you the procedure.
V R SHROFF
(Expert) 04 November 2013
Execute and REGISTER adoption deeds.
Your Local Lawyer will help u, completing formality
M V Gupta
(Expert) 04 November 2013
Being Hindus, pl follow the religious ceremony of adoption followed by the deed of adoption wherein mention of the ceremony is also mentioned. The deed should be registered with the Sub Registrar of Assurances.
malipeddi jaggarao
(Expert) 05 November 2013
While I agree with the experts above, since you are proposing to give your child in adoption to your co-brother registered deed is suffice. Otherwise court adoption is better to avoid legal complications in future.
Raj Kumar Makkad
(Expert) 05 November 2013
Registered adoption deed is the best option.
Dr J C Vashista
(Expert) 06 November 2013
It is the only registered adoption as advised by experts and not Court adoption.
