child adaption

Querist : Anonymous (Querist) 18 February 2010 This query is : Resolved
my brother and his wife expried who has a child.now the child is under my parents care.my parents are the legal guardian.we have court order also.I like to adopt the child.wat is the procedure

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Raj Kumar Makkad (Expert) 19 February 2010
Write an adoption deed in the prescribed language and then get it registered wherein the grandpa and grandma of the child shall perform the role of natural parents and you and your wife shall adopt him. Get register such deed and adoption shall be completed.

ad. creaminall (Expert) 19 February 2010
as per my knowledge, you have to file a petition for adoption of child before the high court.

Poonam Upadhyay pathak (Expert) 19 February 2010
You have to file a adoption petition in the court.

Raj Kumar Makkad (Expert) 19 February 2010
No adoption petition is required. Only Adoption deed is sufficient in the present matter.

Querist : Anonymous (Querist) 19 February 2010
thanks rajkumar sir...can u pls send the format of adoption papers...

Parveen Kr. Aggarwal (Expert) 19 February 2010
Adoption cannot be made except with the previous permission of the Court. Kindly see the provision contained in sub-sections (4) and (5) of Section 9 of the Hindu Adoptions and Maintenance Act, 1956, reproduced hereunder:

"(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.

(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction."

Kumar Thadhani (Expert) 26 February 2010
YES for proper adoption of the child you will have to file petition before Family Court.

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