Legal adoption
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 20 February 2014
This query is : Resolved
Sir, recently I came across with a case in which a family who are from UP however they have their residence at ulhasnagar, mumbai gave their 1 child in adoption to a hindu family itself through a registered adoption deed and both d parties has voluntarily given they assent and were present while registering d said deed, however , suddenly now that real mother had forcefully taken away that child 4m d adoptive parents, we have lodged fir of kidnap against d real mother, however , concern police station has surrendered that child to childrens home and since then that child is in shelter home, however that shelter home raised a objection to us means the adoptive parents that that the said adoption is not valid as per CARA GUIDELINES, and are refusing to hand over d custody to adoptive parents, Sir so my grievence is this that how can they do so and if it does then is it valid and legal
Guest
(Expert) 21 February 2014
If both the parents had registered the adoption with good understanding this issue would not have arised. Where as since there is a dispute The Shelter Home Authorities are Right in Their Saying CARA Guide Lines To be followed and Legally They Are Right.
Rajendra K Goyal
(Expert) 21 February 2014
Move to court for custody of child as per adoption deed and custody for the time being till decision on adoption is done by the court.
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
As rightly suggested, move the court for declaration of adoption and in an application, can seek for custody/interim custody of the child, it is the relief for the present.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 22 February 2014
I have already filed custody and declaration application, but still m not getting how m hit by CARA guidelines though adoption deed is registered and attested by 2 witnesses, in case can u plz spell me what are condition of valid adoption, who and which child can be taken in adoption
Biswanath Roy
(Expert) 22 February 2014
Mother's consent and agreement is a must for adoption of a child in the Deed of Adoption.
ajay sethi
(Expert) 22 February 2014
Registration. -
(1) PAP(s) desiring to adopt a child shall register himself or herself with only one Specialised Adoption Agency, preferably nearest to place of residence and such agency shall guide the PAP(s) on the registration process.
(2) On receipt of the application for registration as per Schedule-IV along with necessary documents and requisite registration fee, Specialised Adoption Agency shall register the PAP(s) for adoption and issue them a registration slip.
(3) CARA shall also provide facility to the PAP(s) for on-line provisional registration through its website (www.adoptionindia.nic.in).
(4) In case, the PAP(s) wish to adopt from a Specialised Adoption Agency, other than the one where they have registered, but within the same state, the PAP(s) shall approach the ACA or SARA with their registration slip.
(5) The ACA or SARA shall contact the Special Adoption Agency from which the PAP(s) wish to adopt so that such PAP(s) are immediately included in the waiting list of PAP(s) of that Specialised Adoption Agency.
(6) In case the PAP(s) desire to adopt a child from any State other than the State where they are currently residing, they may approach the ACA or SARA of the State where they are residing, with their registration slip.
(7) The ACA or SARA shall convey the registration of such PAP(s) immediately to the ACA or SARA of the State from which the PAP(s) want to adopt the child so that such PAP(s) are immediately transferred to the waiting list of PAP(s) in that state
Legal Procedure. -
(1) The child can be legally placed for adoption with the PAP(s) by the competent court and for this purpose, the court having jurisdiction over the area where the Specialised Adoption Agency is located shall be the competent court.
(2) The Specialised Adoption Agency shall file a petition in the Competent Court of jurisdiction for obtaining the necessary adoption orders under the Act within ten days of acceptance of referral by PAPs and shall pursue the same regularly with the court so that the process of legal adoption is completed at the earliest.
(3) The adoption petition shall contain all requisite documents as per Schedule-VII.
(4) In accordance with the directions of the Honourable Supreme Court of India in the case of L.K.Pandey vs Union of India (WP No 1171 of 1982), the competent Court is required to dispose off the case within a maximum period of two months from the date of filing.
(5) For the best interest of the child, the competent court may, to the extent possible, dispose of the case in the first hearing itself.
(6) The Specialised Adoption Agency shall forward a copy of the court order and the adoption deed to the concerned SARA or ACA and the PAP(s).
ajay sethi
(Expert) 22 February 2014
as per the procedure laid down by CARA guidelines you have to register yourself with specialised adoption agency .the agency shall make an application to court for giving child to adoption and only after court order can you adopt the child .
ajay sethi
(Expert) 22 February 2014
in your case you have a valid adoption deed from parents . deed is duly registered and attested by 2 witnesses . however real mother has changed her mind and wants her child back . in such a case it is better to return the child to its biological parents . you should have no objection in cancelling adoption deed .
follow CARA guidelines and adopt child through adoption agency
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 11 March 2014
Ajay Sethi Sir, this is true then what would remain the importance of Hindu Adoption and Maintenence Act if every adoption is to be made as per Cara Guidelines, then what is purpose of HIndu Adoption of ACt,
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 11 March 2014
N Dr JC Vashista Sir, what u seems in my contention so u thought so n replied my by saying stop sms language
Biswanath Roy
(Expert) 11 March 2014
@ Mr. Dhiraj Chandrakant Kumbhar,
You might have misunderstood the advice of Learned Mr. Ajay Sethi. He wanted to say for adoption one shall have to abide with Hindu Adoption and Maintenance Act but should be in accordance to CARA Guidelines. ACT and GUIDELINES does not carry the same meaning.First one is a legal bindings and second one is the procedure to be followed.
ajay sethi
(Expert) 14 March 2014
thanks for your appreciation
