Adoption
nagarajupatro
(Querist) 09 January 2013
This query is : Resolved
dear experts
a childless couple looking after the needs of an orphan (handicapped)since 16years, now he is major. the name of the orphan is mentioned in the house hold ration card of that couple and he got other residential proofs with their surname only.
At this stage the child less couple intends to make registered adoption as per norms legally with regard to that orphan.
What steps have to be followed by the couple and the orphan to get valid registration of adoption immediately, to whom they have to approach, what are the necessary steps to be followed
Devajyoti Barman
(Expert) 09 January 2013
The couple can make adoption either through the application filed before the District Judge or vide registered deed of adoption.
Raj Kumar Makkad
(Expert) 09 January 2013
As the child is orphan and deed of adoption requires two parties viz. adopter and adopting which are not possible in the given case so the best option remains to approach Court of District Judge to appoint a guardian of such orphan and then he can provide his adoption to such couple by way of adoption deed as per permission of the court in the same guardianship matter.
Sudhir Kumar, Advocate
(Expert) 10 January 2013
Some persons treat law as a joke.
They did not go for adoption for 16 years and deprived the child of the chance of being adopted by someone else. At this stage now they want to have adoption.
Section 10 of The Hindu Adoptions and Maintenance Act,1956
10. Persons who may adopted.-
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :-
(i) he or she is Hindu,
(ii) he or she not already been adopted.
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption.
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.
