Adoption
Nushi
(Querist) 15 February 2014
This query is : Resolved
hello to all experts,
what is the process of adoption, how and where an advocate can help parents to adopt a child?
thank you.
Isaac Gabriel
(Expert) 15 February 2014
The process of adoption needs advocates help to be legal,lest any contravention may invite trouble later.
ajay sethi
(Expert) 15 February 2014
advocate can prepare DEED of Adoption for you . have it duly registered .
Rajendra K Goyal
(Expert) 15 February 2014
After identifying the child to be adopted, advocate helps in preparing legal documents (Adoption deed etc.) and registration process. Well drafted papers save future complications.
prabhakar singh
(Expert) 15 February 2014
Formalities of valid adoption are laid in Hindu Adoption Act and an advocate would be helpful in compliance so that a valid adoption takes place.
BAALASUBRAMANNYAMM
(Expert) 15 February 2014
If you want to know the procedure, you can go through the following sections and also The Hindu Adoption and Maintenance Act, 1956.
10. Persons who may be adopted. No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-
(i) he or she is a Hindu;
(ii) he or she has 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 taken in adoption.
Other conditions for a valid adoption. In every adoption, the following conditions must be complied with:-
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son. son' s son or son' s son' s son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must, not have a
1. The word" and" omitted by Act 45 of 1962, s. 3.
2. Ins. by s. 3, ibid.
Hindu daughter or son' s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is. by a male and the person to be adopted is a female, the adoptive father is at least twenty- one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty- one years older than the person to be adopted; (v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth 1[ or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption: Provided that the performance of datta homam shall not be essential to the validity of an adoption.
Raj Kumar Makkad
(Expert) 15 February 2014
I do agree with the experts hence no more to add except that the lawyer should be well versed with the adoption formalities.
R.K Nanda
(Expert) 15 February 2014
take help of lawyer.
R.V.RAO
(Expert) 16 February 2014
yes.adoption laws are stringent.advocate can help draft the adoption deed and regn.of adoption etc..
sri B.S.Manyam's extract of HAM Act 1956 is relevant in this connection and useful too.
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
