Court order for adoption deed under hama
Sanjay
(Querist) 10 February 2013
This query is : Resolved
Recently I hv adopted baby girl from a close friend and completed the formalities by a registered adoption deed duly signed by concerned 4 members ( both parents , we are hindu ) in registrar office.
When I applied for birth certificate , officer is asking for court order to process the papers , he says adoption deed is irrelevant.
I need guidance how to take court order for the above.
If the order is not required , where can i get the confirmation.
Thanks in anticipation.
Adv.R.P.Chugh
(Expert) 10 February 2013
If the child is given in adoption by the parents of the child, no court order is required in that case to effect the adoption, and a registered deed moreover carries the presumption of validity of the adoption, the officer is wrong in insisting for the same, approach the higher authority in the concerned department, file RTI or send a notice.
R.K Nanda
(Expert) 11 February 2013
agree with Bharat.
Raj Kumar Makkad
(Expert) 11 February 2013
There is no problem to have birth certificate of that child in the name of biological parents even if she has been adopted and after that adoption deep shall be valid.
Sanjay
(Querist) 12 February 2013
Dear Adv. Bharat Chugh ,
Officer is rigid on the guidelines issued by Chief Registrar ( Brith & Death ) , Delhi for various options of adoption including from friend etc. In every clause they have mentioned " Magistrate ka aadesh/ vilekh ki copy attach karen". I hv met local registrar ( birth & death ) , he in turn as sent the note sheet for clarification to Chief registrar ( state ) , he too has answered in negative stressing on the clause mentioned in the guidelines , now I am wondering how to proceed.
Sanjay
(Querist) 12 February 2013
Dear Mr. Raj Kumar Makkad ,
How that will help ( I mean birth certificate bearing name of biological parents ) . How to get it corrected with our name as parents , I need to apply for pass port where only birth certificate is to be submitted with our name as parents.
