Direct adoption between birth parents and adoptive parents
monica
(Querist) 06 March 2009
This query is : Resolved
My husband (Indian citizen) and myself (US citizen) have adopted a baby from the birth parents directly under the Hindu Adoption and Maintenance Act. We are now staying in India with our baby for 2 years after which time we will be applying for immigration with our child.
My question is regarding the actual adoption per HAMA...is this recognized as a full and final adoption per Indian law? We did satisfy all the conditions under HAMA, ie: Hindu, no children, did handing over ceremony.
The adoption deed was signed by both birth parents as well as by my husband and myself and was registered with the sub-registrar.
Do we still need a court order? My understanding is that court order is for cases where the guardianship of the child is not with the birth parent which was not the case here.
Any advice would be welcomed regarding the legality of this adoption in the eyes of the Indian legal system.
AEJAZ AHMED
(Expert) 06 March 2009
Here your husband as a ' Hindu ' Indian Citizen Adopted the child, ADOPTION DEED got executed and Registered with Registrar.
So neither Guardian and Wards Act applicable nor it is necesary to go for a court order of such Adoption. Because, you are not the party to this Taking of Adoptin and Adoption Deed.
So the 'ADOPTION DEED' which is executed and got registered by your 'Husband' is itself "Valid" and legally acceptable in the eyes of Indian Legal system.
monica
(Querist) 06 March 2009
Thanks for your reply Mr. Ahmed.
What is CARA's involvement in this type of adoption.
From what I can understand, they too are not involved when a birth parent is wanting to give their child in adoption to a specific couple.
Do you know if this is true?
AEJAZ AHMED
(Expert) 06 March 2009
Dear Monica,
Yes you are right,
CARA is actually set-up with the intention for welfare of orphan/ destitute/surrendered child.
CARA is engaged in clearing inter-country adoption of Indian children, its principal aim is to promote in-country adoption. In fact, CARA ensures that no Indian child is given for inter-country adoption without him/her having been considered by Indian families residing in India.
Your matter is different one.
For more about The Central Adoption Resource Authority (CARA) which is an Autonomous Body under the Ministry of Women & Child Development, Government of India, go through following site:
http://www.adoptionindia.nic.in/about_us.htm
PALNITKAR V.V.
(Expert) 06 March 2009
Thanks Mr. Aejaz for giving valuable information on CARA.
monica
(Querist) 06 March 2009
Thanks Mr. Ahmed for your response. I have looked at that website you refer to and am still confused.
A few days ago I contacted CARA to try to understand the laws regarding this adoption. I have yet to hear back from CARA so your input is appreciated.
Where is it stated (meaning what act/law) that direct adoption between birth parents and adoptive parents is legal. I am looking for a source other than the HAMA.
Per CARA's website private adoption almost seems illegal but it is not clearly stated as such.
Your patience with my questions is appreciated.
M. PIRAVI PERUMAL
(Expert) 07 March 2009
I think query on the subject matter has already been answered by our experts.
monica
(Querist) 07 March 2009
True, my original question was answered. I will post my new question in an new post.
Thank-you for pointing this out and my sincere apologies to Mr. Ahmed for my persistent questions.
SANJAY DIXIT
(Expert) 16 March 2009
Nicely opined by Mr Aejaz. I concur with the views made by him.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
