Guardianship- Adoption
T Nageswar Rao
(Querist) 21 July 2008
This query is : Resolved
Dear All, please let me know- Let me know the procedure to adopt a child aged about 10yrs.
Facts- 1. child's mother has given her consent for adoption of the child. 2. Husband (child's father)is not living with them(with wife & kid)since 4yrs.
Query- 1. what would be the rights & liabilities of the person who is going to adopt the child.2.In future can the father(child's father)claim his rights.
T Nageswar Rao
(Querist) 21 July 2008
Guardianship-Adoption- Procedure
Guest
(Expert) 21 July 2008
As the family is still in continuance without a divorce and settlement of custody of the child, mother alone cannot give the child in adoption, father's permission is required for a valid and trouble free adoption.
Procedure is simple if the parties to the adoption deed agree and are willing to sign.
S
has she claimed any maintenance from her enstranged husband, if yes, it is further difficult. If he has abandoned her and kids, better file divorce case and ask for sutody, then a decision can taken.
SANJAY DIXIT
(Expert) 21 July 2008
Father is the first natural guardian of the child in Hindu Law.
Nothing matters that the father is living seperately. The consent of father is mandatory in case of adoption of the child.
Srinivas.B.S.S.T
(Expert) 22 July 2008
Does the husband and wife (parents of the child) has taken divorce valid under law? and during passage of decree the custody of the children was given to the mother permanently?. Sir you have to give fuller details so that we can be of any help to you. As my learned friends said father is the natural guardian for the children unless untill he ratifys his right in a decree of divorce.
T Nageswar Rao
(Querist) 23 July 2008
Husband being an irresponsible person towards the wife and the child. Divorce is not been taken. She has not claimed for any maintenance, he has just absconded from their (wife and child)life. And taking his consent is not feasible. Mother is giving her consent in good faith that the child will have better future with her relative(Guardian). But the guardian is scare to adopt beliving that the father of the child might creat any trouble in future.
Brijesh Chauhan
(Expert) 23 July 2008
Father is the natural guardian of child and without the consent of the father child can not be given in adoption. it is immeterial to say that such adoption is for the benefit of child's future,when father is alive he shall alone have the right to give child in adoption save with the consent of mother.
Section 9 of Hindu Adoption and Maintenance Act, clearly provides that " Married woman can only give child in adoption in case
1) father is dead
2) or, has completely renounce the world
3) or, ceased to be a hindu( i.e he has converted to some other religion)
4) or, declared to be of unsound mind
Your case does not fall under any of the above mentioned clauses so, the adoption by mother alone is not good in the eyes of law and is not a valid adoption.
SANJAY DIXIT
(Expert) 23 July 2008
Mr Nageswar,
There is one option, file the case U/s 7 GWAct for the declaration of guardian as mother bcoz father is not fulfilling his liabilities as a father.
Thereafter you need not to take the consent of father.
