Adoption query

1. In my opinion it is not a valid adoption for all future legal purposes. In my opinion it was simply Notarised and jointly executed as being registered by parties and does not have a valid Court Order on Adoption. In my opinion it seems there is no custom and usage of parties to show it was legal adoption for any future purposes.

2. When you directly enter into a private contract with any person who wants to give up his/her child, you lose the advantage of anonymity as both parties have to reveal their identities.

3. If that person is giving up his/her child for money, then you are asking for trouble. I am not questioning if money exchanged hands, said previous line in generic expressions here.

4. Similarly, the party wanting to adopt or their intermediaries can also harass the person who is giving up his/her child.

6. In private contracts you do not get a Court order on Adoption and other necessary documents which will help you say to get a passport for the child, say for illustration.

7. To make a passport for the adopted child, you will have to put the names of his/her biological parents on the documents. Passport office will ask for Birth Certificate. Birth Certificate as per Law can only have natural parents name. Thus, child passport will have the name of the biological parents.

In my opinion you should have approached a Adoption Agency as per List updated regularly and kept by CARA which is central Agency for intra-country and in-country legal adoption matters. In my opinion even if CARA and authorized adoption agency were not involved in your facts you could have explored options for child through Surrogacy toute via contacting authorized ART Centers, they assist in getting as per Law all valid legal papers on adoption.

Now to test any of my above takes on your query just apply for a passport for child and come back here with your experiences if Passport Agency did give you a passport for the adopted Child?

[This test is for my own self correction on my reply herein !]

1.  Adoption is valid

2. No

3. No

No claim of natural parents to meet or to beat the adoptive child.

1)      From the facts narrated it appears to be valid adoption.

2)      No claim by the natural parents in future. Under Section 15 of The Hindu Adoption And Maintenance Act 1956, No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person nor can the adopted child renounce his or her status as such and return to the family of his or her birth.

3)      Under Section 12 of The Hindu Adoption And Maintenance Act , an adopted child  shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in adoptive family .