Shashank 25 December 2017
Shashank 25 December 2017
I got divorced with mutual consent with my first wife. I wish to adopt the son of my second wife that is from her first marriage. My second wife is a divorcee. She got divorced with mutual consent.
Vijay Raj Mahajan (Advocate) 25 December 2017
Yes you can adopt the 5years old child under the Hindu Adoptions and Maintenance Act,1956 provided the natural biological parents are ready to give the child in adoption. The Adoption Deed duly signed & witnessed by both parties and registered with the Registrar of your district will be required.
Shashank 25 December 2017
I just want to be sure that I can adopt the son of the first marriage of my second wife even though I have a son from my first wife...
Vijay Raj Mahajan (Advocate) 25 December 2017
Vijay Raj Mahajan (Advocate) 25 December 2017
As far your own son from your first wife, look the section 11(i) of HAMA may have imposed condition that there should not be son living of the adoptive father, but all this comes to play when real father challenges the adoption process in the court, till that time you may go ahead and workout the adoption deed.
P. Venu (Advocate) 25 December 2017
In my considered opinion the child would be deprived of his status as the legal heir of his biologocal father, if the adoption, as suggested, is feasible and possible.