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child adoption

(Querist) 14 March 2010 This query is : Resolved 
I married a lady with 4 yrs old daughter after her divorce from court against mutual consent. My wife and myself both are govt employee. I want to know, how to adopt my wife's daughter so that she enjoys all the benefits from my side. please give the detailed procedure for adoption. Also I am planning to get my marriage registered in court as we did arya samaj marriage.

Raj Kumar Makkad (Expert) 14 March 2010
You can very well get your marriage registered but you cannot adopt the female child brought by your wife with her without the involvement of her first husband in the adoption process.

Divorce has taken place between husband and wife and not between daughter and father so female child is the daughter of the first husband of your wife and he has equal right over her which cannot be taken away without his whims and wishes.

If first husband of your wife is ready then an adoption deed shall be duly got written by a lawyer which shall have to be got executed before registrar in the presence of both of you, first husband of your wife and two witnesses. All are required to personally come before registrar for this purpose.
siddhanta (Querist) 14 March 2010
thanx for prompt reply....During their mutual divorce, joint statement and in divorce decree it was stated that he(ex-husband) will not claim for the custody of the child. In this case is it required that he need to come for the adoption purpose???can i take the adoption at the time of registration of my marriage on the basis of divorce decree and joint statement.


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