Fate of adopted child
ANJAN CHAKRABORTY
(Querist) 18 November 2010
This query is : Resolved
I have recently filed a divorce suit against my wife. We have been married in 1991 but remained childless due to primary infertility and chronic depression of my wife. In 2009 , we adopted a baby girl from a private adoption agency in kolkata under CARA. My wife left her matrimonial home on 16th April 2010 to stay with her parents and is still there. She took my daughter with her. I love my daughter very much. In the divorce petition, I have asked for her custody. She is currently 1 year 9 months old. Is there any possibility that if the adoption agency comes to know about the divorce petition, will they take back my daughter ? Or, will she be treated as a natural born child and given accordingly to one of us ? Her adoption was duly registered in March 2010.Pl. clarify. I am very much attached to my daughter and never, ever want to lose her.Please help and guide me.
s.subramanian
(Expert) 18 November 2010
Once the adoption is over,the agency quits the scene. It cannot interfere in the matter again for any reason. You need not worry.
Raj Kumar Makkad
(Expert) 18 November 2010
Custody of such minor child is generally given to mother with visiting right to father. If complained by any person, agency can intervene legally and seek compliance of the terms of the adoption from both of you failing which clause mentioned therein may be applied.
Kirti Kar Tripathi
(Expert) 18 November 2010
Mr. Subramanain is right. after adoption no one can interfere with the rights of parents and child both. adoptive child is deemed to be natural child of parents, who adopted her as for as custody of child is concerned due to dispute between the parents of child is concerned, same will determined as the child is natural child, in which welfare of child will be paramount.
Devajyoti Barman
(Expert) 18 November 2010
Once a child is adopted throuh proper leal means, from the date of adoption the adoptive parents become as good as her biological parents and all the authorities and the person from the child may have been adopted becomes funcus officio. The exceptiion is when it could be prima facie establshed by the adoption centre that the adoptive parents have mala fide intention behind the adoption which in your case is not applicable.
So rest assured and concentrate on the case curently pending.
