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Sanjay (Consultant)     18 August 2009

Adopting relatives kid

My sister got divorced 5 years ago. The custody of the child is with my sister and no maintainence was  paid. The father has also stated that he will never claim custody of the child according to the divorce decree.

I am planning to adopt my sisters kid.The kid s 5 years old male and I am 29 years old and unmarried male. Both father and mother are willing to give adoption of the child.

What is the step by step procedure for this.

1. Do i need to approach court for this?
or
2. Do i get the adoption deed signed from father and mother in a registrar office or get it signed in their or my home. Any rituals need to be conducted for this. Since the father and mother do not have good terms I cannot have them both togather in a place for long duration without trouble.
or
3. After getting signed do i need to register the deed. Can my lawyer get my deed registered in registrar office

What is the step by step procedure for this?
Can anyone plese refer a lawyer in chennai who can handle this?



Learning

 3 Replies

R.R. KRISHNAA (Legal Manager)     18 August 2009

I sincerely appreciate that you are adopting a child.  But make sure that your marriage prospects in future don't get affected by this.

As per section 11 rituals for adoption are not compulsory.  You can make a formal adoption deed duly registered.   There is no need to approach the court for this.

For registration you, your sister and her husband are necessary to be present in the registrar office. A lawyer alone cannot do everything.

My best wishes

Y V Vishweshwar Rao (Advocate )     18 August 2009

A Very good  Advise from  Mr Krishna !      I endorse his  view !

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 August 2009

You have to approach before the local court with the application under "The Hindu Adoptions and maintenance Act, 1956" else your adoption will not be valid.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards


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